UC-NRLF 


^B    bM    DMT 


¥ 


>r«if 


00 

CO 

m 


o 


i*.  % 


f-^PIr^^BI^ 


i 


•"^T^yPSf^: 


afe*^ 


'^m^:^ 


(/].'••: 


AN  ACT, 


ESTABLISHING 

MULES  and  ARTICLES 


tOB.    THE 


Ooyernment  of  the  Armies 


OF    THE 


UNITED  STATES  ; 

WITH    THE 

Regulations  of  the  War  Department 

RESPECTING    THE    SAME, 
to    IV RICH    ARE    ADDEDf 

The  several  Laws  relative  to  the  Arm^  ;  the  Militia 
when  in  actual  service  ;  Volunteers  j  Rangers; 
Ordnance  Department,  and  the  QyARTER  Mas- 
ter's and  Cow*MLs&'^kVX»^NER4i?q' Departments. 

ALBAKYz 

PRINTED    BT    WEBSTERS    AND    SKINNE&S. 
1812, 


Index  to  the  Laws.  &c.  \q\n^ 

AN  ACT  for  establishing  rules  and  articles  for 

the  government  of  the  armies  of  the  U.  States,  1 3 
An  Act  fixing  the  military  peace  establishment,  50 
Acts  in  addition  thereto,  60 

An  Act  to  raise  for  a  limited  time  an  additional 

military  force,  6 1 

Acts  supplementary,  •  79,86 

An  act  for  completing  the  existing  military  es- 
tablishment, 65 
An  Act  authorizing  the  President  of  the  United 
States  to  raise  certain  companies  of  rangers  for 
the  protection  of  the  frontier  of  the  U.  States,     66 
Supplementary  act,                                                       103 
An  Act  to  establish  a  quarter  master's  depart- 
ment, and  for  other  purposes,                                   80 
An  Act  to  amend  the  same,                                        9  6 
An  Act  for  the  organization  of  a  corps  of  artificers,  87 
An  Act  authorizing  the  President  to  accept  and 
*  organize  certain  volunteer  military  corps,  75 
Supplementary  act,                                                       104 
An  Act  making  further  provision  for  the  corps  of 

engineers,  88 

An  Act  for  the  better  regulation  of  the  ordnance,    9 1 
An  Act  for  the  more  perfect  organization  of  the 

army  of  the  United  States,  97 

An  Act  respecting  military  bounty  lands,  98 

Acts  making  further  provision  for  the  army,      94,101 
An  Act  respecting  the  pay  of  the  army,  103 

An  Act  to  regulate  the  pay  of  the  militia,  105 

An  Act  to  provide  for  calling  forth  the  militia,       108U. 
An  Act  to  authorize  a  detachment  from  the  militia,  1 1 1^ 
General  regulations  respecting  the, army,         37—47 
Regulation  of 'tJiijduties\Qf  tl^«i-general  staff,  47 

Respecting  waiters,  '  •'  •    ••'  114 

Re3pepiii'ig:{fic*af>'^nDv^l  pf  Sentences  of 
gehfei'aV  courts  niaTtial,*  '.*.-*  117 

Recruiting  instructions,  115 

Enlistment,  oath  and  receipt,  11 7, 1 8 

Form  Qf  enlistment  for  volunteers,  1 1 8 


INDEX. 

Note. — In  the  following  Index,  where  the  figures  are 
separated  by  a  comma,  both  references  pomt  to  the  page  ; 
but  in  all  other  cases,  the  first  figure  points  to  the  article 
or  section. 


A  A  Art.  Page. 

BSENT  without  leave,  -  -  21     18 

From  parade,  -  -  -  44    23 

Accused  persons,  -  -  -  86     32 

Rights  of,  -  -  -  90    33 

Adjutants,  their  allowance  for  forage,  -  103 

Adjutant  General,  rank,  pay  and  emoluments,        4    69 
His  £issistants,  their  rank,  pay,  &c.  -  ib. 

Deputy  Adj.  Generals,  ahd  their  assistants, 

pay,  &c.  -  -  -  -       2  101 

His  postage  to  be  free,  -  -  3  102 

Age  and  qualifications  of  recruits,         -  -       1 1     54 

Aids  de  Camp...maj.  generals  two,  brigadiers  one,        69 

Their  extra  pay,  -  -  -  51,62 

Rations  and  forage,  70,103 

Alarms,  false,  -        -  -  -  49     24 

Allowance  and  extra  pay  for  labor,  -  42 

Only  to  be  made  for  actual  service,  44 

To  officers  and  soldiers  on  discharge,         58f66y75 

Additional  to  deranged  officers,  -  58 

Ammunition,  punishment  for  selling,  &c.  37     22 

Appointments  by  whom  made,  -  65,101,104 

Armorers  ;  2  masters  and  16  men  ;  pay,  &c.  87 

Arms,  penalty  for  selling,  &c.  38     22 

Captains  accountable  for,  -  40     23 

Army,  uniform  of.  President  to  prescribe,  100     36 

Act  making  further  provision  for,  94,101 

For  the  more  perfect  organization  of,  97 

Respecting  the  pay  of,  -  -  103 

See  Military  Peace  Entablishment, 

Arrears  of  pay  not  to  exceed  two  months,  54,72 

Arrest  of  officers,  -  -  -  77     30 

Of  soldiers  for  debt,  5By74t 

Arsenals  and  magazines,  keepers  to  make  returns,  8     9.3 

Articles  of  war,  act  establishing,  -  13 

When  to  be  read  and  published,         -         101     36 

Troops  to  be  governed  by,         -  -        10    53 

Mihtia  to  be  governed  by,  when  in  service,  97     35 

Artillery,  officers  and  soldiers  subject  to  c.  martial,  98    36 

Conductors  ofp ;-r\^  qo         -  17    B5 


4  INDEX. 

,  -  .  Art.  Pafe. 

Artillery,two  teachers  of  music  to  be  added  tq  ea.  reg.  1    60 

Light,  may.  be  mounted,            -            -  1     79 

Officers  of  allowed  forage,        -          -  1    ib. 

To  furnish  their  own  horses,  1    ib. 

A  saddler  and  farrier  to  ea.  company,  2    ib. 

Their  clothing,  1    ib. 

Twelve  drivers  to  ea.  company,  6    95 

Artificers,  a  corps  of  to  be  organized,  87 

How  composed,  pay,  &c.  ib. 

Attached  to  qr.  m.  general's  department,  ib. 

Duty  of  superintendent  of,  ib. 

Axes  and  spades,  four  to  each  company,  41 

•  ■ 

AGGAGE,  allowance  for  transportation  of,  42 

Barrack  Masters,  by  whom  appointed,  -  2     96 

Blacksmiths — 2  masters  and  20  men ;  their  pay,  6cc.       87 

Others  to  be  employed,  their  pay  and  rations,        92 

Boat  Builders — 2  masters  and  16  men ;  their  pay,  &c.      87 

Bounty  to  recruits,  -.  -  -  54-,71 

On  re-enlisting,  -  -  2     65 

In  money  and  land,  -  -  65,71 

Land,  act  for  surveying,  &c.  -  98 

Brevet,  officers  to  take  rank  according  to,  |  61     26 

Rank,  President  may  grant,  -  4  10? 

Brigade  Majors,  their  allowance,  -  95,103 

Inspectors  and  qr.  masters,  allowance  for 

forage,  -  -  -  103 

C 

ADETS— See  Engineers. 
Captains,  accountable  for  arms,  &c. 
Captured  stores,  _  -  _ 

Carpenters — 2  masters,  20  house  and  5  ship  car- 
penters, to  be  appointed  ;  their  pay,  &c. 
Carriage  Makers  to  be  employed ;  pay  and  rations, 
Cavalry,  of  what  number  each  troop  to  consist, 

See  Dragoons. 
Certificates,  false, 

Chalk r.ging,  to  fight  a  duel,  how  punished,' 
Chaplain,  penalty  for  absenting  himself, 

To  be  appointed,  his  pay,  &c. 

Oiie  to  each  brigade,  pay,  &c. 
Children  of  officers — See  Officers. 
Clothing,  regulations  Tespecting  returns  of. 

Troops  ta  be  furnished  with,  - 


40 

23 

58 

26 

87 

IS, 

93 

98 

14 

17 

25 

19 

4 

14 

7 

65 

24 

75 

45 

53,63,79 

INDEX. 

Art.  Page. 

Clothing,  soldiers  may  be  supplied  at  contract  prices,  53 
Penalty  for  purchasing  of  soldiers,  -  19  57 
Of  light  dragoons  and  light  artillery,  79,80 

By  whom  to  be  provided,  -  -  5     82 

Commissary  General,  and  his  deputies,  -         4    82 

To  give  bond,  salary,  duty,  8cc.  -  83,96 

His  further  allowance,  -  -  3    ib. 

Compensation  for  clerks,         -  -  11     84< 

Allowed  the  privilege  of  franking  letters,     10    83 
See  Ordnance — Musters, 

Command  and  rank,  -  -  -  62     26 

Compensation  for  enlisting  each  recruit,  11     54 

To  n.  c.  officers  and  soldiers  when  discharged,  64,66 
To  officers  and  men  disabled,  &c.  55,  64,  67,  72,77 
To  officers  for  extra  expenses,  -  20    74 

See  Pay. 

Conductors  of  artillery — See  Artillery. 

Confinement,  term  of,  limited,  -  -         79     31 

Contempt  of  the  President  of  the  United  States,      5     14 
Commanding  officer,  -  6    ib. 

Coi-poral  punishment  by  whipping,  abolished,  7     95 

Court  martial,  -  ^  -  66—68     28 

For  trial  of  the  militia,  when  in  service  to 

be  composed  entirely  of  militia  officers,  35,109 

Courts  mai'tial  general,  -  -  27,28 

Form  of  voting  in,  -  -  72     30 

Challenge,  -  -  -  71     29 

Officers  to  be  tried  by,  -  -  75     30 

Who  may  appoint  judge  advocate,  21     57 

Testimony  before,  how  given,         -  73     30 

Provision  for  officers  attending,  -  22     58 

In  trials  before,  depositions  ai'jwed,        -     74     30 
Power  of  officers  luthorizing,  -  89     32 

Sentence  of,  by  whom  approved,      -        27,54,117 

Courts  of  Inquiry,  -  -  91     33 

Proceedings,  how  authenticated,  92     34 

Cowardice,  &c.  how  punlsheci,         -  52     25 

And  traud  to  be  puolished,  -  85     31 

Crimes,  capital,  -  -  -  33     21 

Not  capital,  -  -  -        99     36 


D 


'EA.TH,  sentence  of,  by  court  martial,  87    32 

Spies  to  suffii;',  -  -  2     36 

Debts  under  20  dolls,  soldiers  not  liable  to  arrest  for,    58,74 

Depositions  taken  by  justices,  allowed  before  c,  m.  74    20 

A2 


6  INDEX. 

Art.  Page. 

Deranged  officers,  allowance  to,        -           -  25  58 

Desertion,  punishment  for,            -              -  18,56,73 

Penalty  for  inticing  soldiers  to  desert,  19  5T 

Discharge  from  service,  how  obtained,            -  11  15 

Allowance  to  be  made  when  granted,  58,66,75 
Disabilities — See  Pensions. 

Divine  service,  attendance  on,            -            -  2  13 

Dragoons,  light,  liable  to  serve  on  foot,            -  63 

Their  clothing,            -            -  1  79 

One  surgeon's  mate  to  be  added  to  regt.  of,  98 

Troops  of,  number  of  officers  and  men  each,   4  ib. 

Drunkenness,  how  punished,           -                -  45  24 

Duels,  punishment  for  wilfully  suffering,        -  26  19 

Duelling,         -----  ib. 

Duty,  hiring  done,  how  punisked,         -            -  47  24 


PiNLISTMENTS,  form  of;  oath,  &c.          15,117,118 

Premiums  to  officers  for. 

11 

71 

Enemy,  relieving,  how  punished. 

56 

25 

Corresponding  with,  &c. 

57 

ib. 

Engineers,  article  respecting  their  duty,  &c. 

63 

27 

Corps  of,  to  be  organized, 

26 

58 

Where  stationed,            -            _            - 

27 

59 

Principal  engineer,  Sec. 

28 

ib. 

Promotions  in. 

26 

ib. 

Subject  to  courts  martial. 

96 

35 

A  teacher  of  the  French  and  drawing  to  be 

attached  to,            -            -            - 

2 

60 

One  artificer  and  18  men  to  be  added  to, 

3 

ib. 

Act  making  further  provision  for  the  corps  of, 

88 

Eighteen  month's  men  may  be  enlisted, 

86 

Embezzlements,  8cc.            -            - 

59 

22 

Evidence  before  courts  martial. 

73 

SO 

Jr  ALSE  alarms,                -            -  -            49    24 

Certificates,                -            -  -            14     17 

Musters,         -            -            -  -            15    ib. 

Returns,        -             -            -  -            18     ib. 

Farrier,  one  to  each  company  of  light  artillery,        2    79 

Forage  masters — their  pay,  &c.  84,85 

Forage,  fuel,  straw,  &;c.  40,41 

Monies  when  to  be  paid  in  lieu  of,  7    52 

Officers  of  light  artillery  allowed,  1     79 

Allowance  for  each  horse  per  day,  41 

Forcing  a  safeguard,            -           -  ^           55    25 


INDEX.  r 

Art.  Paije . 

Franking  letters  gtanted  to  certain  officers,  83,102 

Fraud  or  cowardice,               -            -            -  85  31 
Frontiers,  see  Rangers. 

Furloughs  by  whom  granted,            -            -  12     16 


GG 

ENERALS,  two  additional  to  be  appointed,  3    62 

Seven  and  their  staff,                -             -  4     69 

Two  additional,             -             -             -  1  101 

Com'g  the  U.  S.  army,  allowed  a  sec'ry,  5     95 

Staff,  regulations  of  the  duties  of,  47 

Gestures  and  menacing  words,                  -  7&     30 

Governor  of  N.  Y.  his  authority  to  call  out  the  militia,  113 

Guardians  and  parents — See  Minors. 

Gun  to  be  fired  at  day-break  at  certain  posts,  46 


jH  ARNESS  Makers— See  Saddlers. 

Half  pay — See  Widows  and  Pay. 

Hiring  duty  performed,,  or  conniving  at,  47,  48     24 

Hospital  Surgeons — See  Surgeons. 


JInFANTRY  of  the  army,  number  of  regiments 

5,1 

97 

Companies,  of  what  number  to  consist, 

2 

ib. 

Inspector  General,  his  rank,  pay,  &c. 

4 

69 

Allowed  two  assistants,  their  rank,  pay,  &c 

. 

ib. 

Dep.  Inspec.  Gens,  their  assistants,  pay,  &c 

,   2 

101 

His  postage  free. 

3 

102 

Sub-inspectors,  to  be  appointed. 

3 

95 

Of  brigade,  allowance  for  forage. 

103 

Instructions  for  recruiting  officers, 

115 

Judge  Advocate,  and  his  duty. 

69 

28 

Further  duty. 

3. 

3,34 

Oath,              .            _            .            - 

93 

ib. 

Who  may  appoint. 

21 

57 

One  to  each  division. 

19 

74 

Justice  and  good  order  to  be  preserved. 

32 

20 

IXEEPERS  of  Arsenals,  &c.  their  duty. 

8 

93 

Kettles  and  tin  pans,  to  be  furnished  the  soldiers. 

41 

l^ANBS-S 


-See  Bounty. 
ht.  Artillery... See  Artillery — Lt.Dragoons...SeeZ)rc^oon«f. 


a  INDEX. 

Art.  Page* 

±\X  ALT  liquor,  may  be  supl'd,  instead  of  spirits,  2    61 

Magazines,  and  Arsenals,  keepers  to  make  returns,  8     93 

Master  Masons,  two  be  appointed  ;  their  pay,  &c.         87 

Menacing  words  or  gestures,  -  -  76     30 

Militia,  when  in  the  service  of  the  United  States,  97    35 

Act  respecting  pay  of,  105 

For  calling  forth,  -  -  108 

For  calling  out  detachment  of  100,000,  111 

Of  New-York,  Governor's  authority  to  order 

into  service,  113 

Courts  martial  for  trial  of,  to  be  composed 

of  militia  officers  only,  -  35,109 

Military  peace  establishment,  act  fixing,        -  50 

Force,  additional,  -  61,68,86 

Establishment  to  be  completed,  -  65 

Stores,  by  whom  provided,  -  81  82 

Law,  who  subject  to,  -  -  19     85 

Agents,  their  duty,  -  -  -  56 

Law  respecting  repealed,  18     85 

Minors  not  to  be  enlisted  without  consent  of  parents,  54,71 

Musters,  false,  -  -  -  -  15     17 

Commissary  of,  -  -  16    ib. 

Muster  rolls,  returns  of,  -  -  13     16 

Mute  or  perverse  prisoners,  -  -  70     29 

Mutiny,  Sec.  and  punishment  for  not  suppressing,  7,  8     14 

-  -- 

ON-Cdmmissioned  officers — See  Soldiers. 
New- York,  militia  of  the  state  of,  Governor's  au- 
thority to  order  them  into  service,  113 

OO 
ATHS  to  be  taken,  by  officers  and  soldiers,         57,74 
^           To  be  taken  by  n.  c,  officers  and  soldiers,      10  15 
To  be  taken  by  members  of  courts  martial,  69  28 
To  be  taken  by  judge  advocate,                -  29 
To  be  administered  to  witnesses,                    73  30^ 
To  be   taken  by  members  and  judge  advo- 
cate on  court  of  enquiry,                -            93  34 
Order  and  justice,                 -           -            -            32  20 
Organization  of  the  army,  act  for  the  more  perfect,  97 
Ordnance,  act  for  the  better  regulation  of,  91 
Commissary  General,  Assistant,  Deputies, 
and  Assistant  Deputies,  to  be  appointed — 
their  rank,  pay,  emoluments  and  duty,        91 — 95 


INDEX.  9 

Art.  Page. 

Officers,  to  subscribe  the  articles  of  war,               77  30 

Arrest  of,                    -            -            .            77  so 

Recruiting,  instructions  for,                  -  115 

Compensation  for  extra  services,                20  74 

For  each  recruit  enlisted,            -  54 

Field  and  staff  of  the  new  army,  68 
Killed  or  dying  in  service,  their  wi- 
dows, &c.  allowance  to,                         55,64,67,73 

Not  to  lie  out  of  their  quarters,                     42  23 

Oath  to  be  taken  by               -            -            20  57 

Of  artillery,  subject  to  be  triedby  c.  martial,36  35 

Of  militia  when  in  service,                -            97  ib. 

Serving  under  any  particular  state,       98  36 

Provision  for  those  attending  g.  c.  martial,  22  58 

Hank,  those  highest  in  to  command,               62  26 

To  be  fixed  by  the  President,                    3  80 

Redress  for  wrongs,                -            -           34  21 

Term  of  confinement,            -            -            79  31 
Com'ing  a  guard,  &c.  to  receive  and  report, 

but  not  to  release  prisoners,                80 — 82  ib. 

To  be  tried  by  court  martial,             -            75  30 

Their  subsistence,                -             -              5  52 

Estimated,                    -            23  75 

Their  stationary,  regulation  respecting,  43 

To  be  citizens  of  the  United  States,                9  65 

Unbecoming  conduct,            -            -            83  31 

Who  may  die  or  be  killed  in  service,            94  34 
Wounded  or  disabled — See  Pensions. 

i  ARADE,  absence  from,              -            -            44  23 

Parents  und  guardians — See  Minors. 

Pay  of  officers  and  men,  -  51,62,70,103 

Of  engineers,  cadets,  &c.                    -               25  58 

Of  the  corps  of  artificers,                   -  S7 
Of  the  militia  when  in  service,                -        105,112 

Of  the  rangers,            -                -            -            3  67 

And  subsistence,                   -                    -            7  70 

Extra  and  allowance  to  soldiers,                -  44 
Arrears  of,  not  to  exceed  two  months,                  54,72 
See  Quarter  Master  General — Ordnance. 
Half-pay  for  5  years  allowed  to  widows  and 

children  of  deceased  officers,         -                 15  55 

For  three  months  to  the  heirs  of  soldiers  killed,  66 

Pay  Master  of  the  army,  and  district  pay  masters,  16  55 

district  and  regimental,               2  ^'^ 


10  I  N  D  E  3C. 

Art.  Page. 

Dep.  Pay  Mast.  Gen.  8c  assistants,  pay,  &c.  2     101 
Peace  Establishment— See  Military.  ' 

Penalty  for  desertion,            -            -            -  20     18 

For  enlisting  persons  under  age,          -  1 1     54 

For  purchasing  soldiers'  clothing,  &c.  19     57 
Pension  list,  ivho  to  be  placed  on,                  55,64,67,72,77 

Physicians,  regulations  respecting,                -  45 

Postage  of  letters  of  certain  officers  free,  83,102 

Posts,  abandoned,  -  -  -  52  25 
Prisoners,  officers  com*g.  guard,  &c.  to  receive,  80—82  31 
President — See  ^fifiointments — Promotion. 

Promotion,  rules  respecting,              -            -  47,98 

Property  maliciously  destroyed,                 -  54     25 

Provoking  speeches,  &c.                -              -  24    19 

Public  stores  taken  from  the  enemy,            -  58     26 

Purveyor  of  public  supplies,  his  office  abolished,  9    83 

Q 

UARTERS,  regulations  respecting,  -  37 

Quitting  guard,  platoon,  &c.  -  -  50     24 

Quar.  Master  General's  department,  act  to  organize,    80 

Act  establishing  amended,  -  96 

Rank,  pay,  duty,  &c.  -  -  81,96,97 

Deputies  and  assistants  to  take  an  oath,  82 

To  give  bonds,  -  -  4    96 

Prohibited  dealing  in  certain  articles,  1    ib. 

Allowance  for  clerk  hire, 

Not  accountable  for  subordinate  officers. 

To  appoint  waggon  and  forage  masters. 

Barrack  masters, 

His  letters  free  of  postage, 

Dep.  Qr.  Mas.  Gen.  pay,  duty,  oath,  bond,       80,81,96,97 

In  what  case  additional  ones  to  be  appointed,  2  101 

Asst.  D.  Q.  M.  Gen.  pay,  duty,  oath,  bond,       80,81,96,97 

Quarter  Master  Sergeants,  their  pay,  103 


11 

83 

97 

12 

84 

2 

96 

10 

83 

RR 

ANK,              -            -              -  -              S    80 

And  command,          -            -  -            62    26 

Rangers,  6  companies  to  be  raised,  -             .66 

Pay,  rations,  disabilities,  &c,  -                    67 

Act  amending,            -            -  -                  103 

Ration,  description  of,                -  -                   52,70 

Recruits,  their  bounty,            .            -  -            54,71 

Recruiting  officers,  instructions  for,  -                    115 

Redress,  hov  obtained,           -          '_  t       34    21 


INDEX.  li 

_  Art.  Page. 

Return  muster  rolls,                  -               -  13    16 

Returns,  false,                   -                   -            -  18     17 

Monthly,              .-            -            -  19    ib. 

Relieving  an  enemy,                   -                 -  56    25 
Regiments — See  Military  Establishment. 

Number  of  which  U.  S.  infantry  is  to  consist,  97 

Rules  and  articles  of  war,                -                -  13 

Begulatiojjs,  general,  respecting  the  army,  57 — 47 

Respecting  extra  pay,  &c.  for  labor,  44 

Stationary,                   -                   -  43 

Employment  of  physicians,                 ♦  45 

Returns  of  clothing,                    -  ib. 

Salutes,                   -                   -  46 

ADDLERS,  one  to  each  company  of  It.  artillery,  2    79 

And  Harness  makers — 2  masters  and  12 

men  ;  their  pay,  &c,  -  S7 

Safeguard,  penalty  for  forcing,  -  -  55    25 

Salutes,  regulation  as  to,  -  -  46 

Secretary  allowed  to  the  general  commanding  the 

United  States  army  ;  pay,  &c.  5     95 

Sentence  of  courts  martials — See  Courts  Martial. 

Of  gen.  c.  martials,  by  whom  approved,      27,54,117 
Soldiers  and  n.  c.  officers  not  to  go  a  mile  from  camp,4 1     23 
Not  to  lie  out  of  their  quarters. 
When  to  return  to  their  tents, 
Charged  with  crimes, 
Term  of  confinement, 
Who  may  die  or  be  killed  in  the  service, 

their  effects  to  be  taken  care  of,  95     35 

Their  heirs  entitled  to  lands  and  pay,         66,72,78 
Allowance  to  them  when  discharged,  66,75 

Wounded  or  disabled  in  service — See  Pensions. 
Their  bounty  on  re-enlisting, 
May  be  enlisted  for  eighteen  months. 
Exempt  from  arrest  in  certain  cases. 
Sleeping  on  post,  punishment  for. 
Who  may  be  enlisted  as. 
In  case  of  desertion,  liable  to  serve  so  as  to 
complete  the  full  term  of  enlistment, 
Spades  and  axes,  four  to  each  company. 
Speeches,  provoking. 
Spies,  their  punishment, 

Spirits,  malt  liquor  may  be  supplied  in  place  of, 
Staff,  general,  regulation  as  to  the  duties  of, 
Of  the  army,  -  •*  - 


42 

ib. 

43 

ib. 

78 

30 

79 

31 

2 

65 

1 

86 

56 

!,74 

46 

24 

11 

54 

16 

7^ 

41 

24 

19 

2 

36 

2 

61 

47 

50^69 

Art.  Page. 

43 

40 

41 

_ 

39 

36 

22 

58 

26 

9 

15 

3 

95 

ib. 

1 

13 

8 

93 

3 

87 

41 

8 

14 

1 

60 

♦  3 

62 

59. 

26 

-31 

20 

3 

13 

n  i'NDiEX. 

Stationary,    ordinance  relatingto,  - 

Straw  and  fuel,  requisitions  for^ 
How  supplied. 
Distribution  of,  -  - 

Store  keeper  and  commissary, 

Stores,  public,  captured, 

Striking  superiors, 

Sub-Inspectors,  may  be  appointed  from  the  line, 
Their  additional  pay. 

Subscribing  articles  of  war. 

Superintendents  of  military  stores,  their  duty, 
Of  artificers,  his  duty. 

Supplies,  regulation  as  to. 

Suppression  of  mutiny, 

Surgeon's  mates,  additional  number  may  be  ap- 
pointed, -  -  - 

Surgeons  and  surgeon's  mates,  additional  number; 

Surrendering  posts,  &c. 

Suttlers  and  suttling,  -  -  29- 

Swearing,  or  using  any  profane  oath, 

1^  T 

ENTS,  one  to  every  six  men,  -  41 

V  lOLENCE,  -  -  -  51    24 

Volunteers,  act  to  organize  a  corps  of,  -  75 

Supplementary,  -        -        104 

WW 
AGGONS,  one  to  each  company,  -         41 

Waggon  masters,  pay,  emoluments,  &c.         12,13,14    84 
Waiters  allowance  for  those  not  taken  from  the  line,  5  102 
Number  to  each  officer,  and  instructions 
respecting,  ^  -  -  114 

War,  rules  and  ai  tides  of,  -  -  13 

Waste,  or  malicious  destroying  of  property,        -    54    25 
Watch-word,  making  it  known,  -  53    ib. 

Wheelwrights,  carriage  makers j  blacksmiths,  91,92 

Whippmg,  number  of  stripes  limited,  -      87     32 

Abolished,  -  7    .9^ 

Widows  and  children  of  officers  to  be  provided  for,  55',64,73 
Witnesses' oath,  -  -  -        93    34 

W^ords,  menacing,  or  gestures,  -  76    30 

Wounded — See  Pensions, 
Wrongs,  redress  for,  -  -  34    21 


RULES  AND  ARTICLES  OF 
WAR,  &c. 


AN  ACT, 

For  establishing  Rules  and  Articles  for  the  Gov  eminent 

of  the  Armies  of  the  Urdted  States. 

Sec.  l."13E  it  enacted  by  the  Senate  and  House  of 
JS3  Refiresentatives  of  the  United  States  of 
America  in  Congress  assembled^  That  from  and  aft-er 
the  passing  of  this  act,  the  following  shall  be  the 
rules  and  articles  by  which  the  armies  of  the  United 
States  shall  be  governed. 

Art.  1.  Every  officer  now  in  the  army  of  the 
United  States,  shall,  in  six  months  from  the  passing 
of  this  act,  and  every  officer  who  shall  hereafter  bfe 
appointed,  shall,  before  he  enters  on  the  duties  of  his 
office,  subscribe  these  rules  and  regulations. 

Art.  2.  It  is  earnestly  recommended  to  all  offi- 
cers and  soldiers  diligently  to  attend  divine  service  ; 
and  all  officers  who  shall  behave  indecently,  or  irrev- 
erently at  any  place  of  divine  worship,  shall,  if  com- 
Tnissioned  officers,  be  brought  before  a  general  court 
martial,  there  to  be  publicly  and  severely  reprimand- 
ed by  the  President;  if  non-commissioned  officer* 
or  soldiers,  every  person  so  offending  shall,  for  his 
first  offence,  forfeit  one  sixth  of  a  dollar,  to  be  de- 
ducted out  of  his  next  pay  ;  for  the  second  offence, 
he  shall  not  only  forfeit  a  like  sum,  but  be  confined 
twenty-four  hours ;  and  for  every  like  offence  shall 
suffer  and  pay  in  like  manner ;  which  money,  so  for- 
feited, shall  be  applied  by  the  captain  or  senior  officer 
of  the  troop  or  company,  to  the  use  of  the  sick  sol- 
diers of  the  company  or  troop  to  which  tlie  offender 
belongs. 

Art.  3.  Any  non-commissiQned  oifieer  or  soldier 


14 


*ii^ho  shall  use  any  profane  oath  ov  execration  shall 
iiiciir  the  penalties  expressed  in  the  foregoing  article  ; 
and  a  commissioned  officer  shall  forfeit  and  pay  for 
each  and  every  such  offence  one  dollar,  to  be  applied 
5is  in  the  preceding  article. 

Art.  4.  Every  chaplain  commissioned  in  the  army 
or  armies  of  the  United  States,  who  shall  absent  him- 
self from  the  duties  assigned  him  (except  in  cases  of 
sickness  or  leave  of  absence)  shall,  on  conviction 
thereof  before  a  court  martial,  be  fined  nOt  exceed- 
ing one  month's  pay,  besides  the  loss  of  his  pay  dur- 
ing his  absence  ;  or  be  discharged,  as  the  said  court 
jnartlal  shall  judge  proper. 

Art.  5.  Any  officer  or  soldier  who  shall  use  con- 
temptuous or  disrespectful  words  against  the  Presi- 
dent of  the  United  Stales,  against  the  Vice-President 
thereof,  against  the  congress  of  the  United  States, 
or  against  the  chief  nvagistrate  or  legislature  of  any 
of  the  United  States  in  which  he  may  be  quartered, 
^f  a  commissioned  officer,  shall  be  cashiered,  or 
otherwise  punished  as  a  <:ourt  martial  shall  direct ,  if 
a  non-commissioned  officer  or  soldier,  he  shall  suffer 
auch  punishment  as  shall  be  inflicted  on  him  by  the 
sentence  of  a  court  martial. 

Art.  6.  Any  officer  or  soldier  who  shall  behave 
himself  with  contempt  or  disrespect  towards  his 
commanding  officer,  shall  be  punished  according  to 
the  nature  of  his  ofTence,  by  the  judgment  of  a  court 
martial. 

Art.  7.  Any  officer  or  soldier  who  shall  begin,  ex- 
cite, cause,  or  join  in  any  mutiny  or  sedition  in  any 
troop  or  company  in  the  service  of  the  United  States, 
or  in  any  party,  post,  detachment  or  guard,  shall  suf-^ 
fer  death,  or  such  other  punishment  as  by  a  court 
martial, shall  be  inflicted. 

Art.  8.  Any  officer,  non-commissioned  officer,  or 
Boldier,  who,  being  present  at  any  mutiny  or  sedition, 
docs  not  use  his  utmost  endeavour  to  suppress  the 
t^mOi  ©r  coming  t«  the  knowledge  of  ftny  intended 


15 


mutiny,  does  not  without  delay,  give  informatiou 
thereof  to  his  commanding  officer,,  shall  be  punished 
by  the  sentence  of  a  court  martial  with  death  or  oth- 
erwise, according  to  the  nature  of  his  offence. 

Art.  9.  Any  officer  or  soldier  who  shall  strike  his 
superior  officer,  or  draw  or  lift  up  any  weapon,  or  of- 
fer any  violence  against  him,  being  in  the  execution 
of  his  oflice,  on  any  pretence  whatsoever,  or  shall 
disobey  any  lawful  command  of  his  superior  officer, 
shall  suffer  death,  or  such  other  punishment  as  shall, 
according  to  the  nature  of  his  offence,  be  inflicted 
upon  him  by  the  sentence  of  a  court  martial. 

Art.  10.  Every  non-commissioned  officer  or  sol- 
dier, who  shall  enlist  himself  in  the  service  of  the 
United  States,  shall,  at  the  time  of  his  so  enlisting,  or 
within  six  days  afterv.ards,  have  the  articles  for  the 
government  of  the  armies  of  the  United  States,  read 
to  him,  and  shall,  by  the  officer  who  enlisted  him,  or 
by  the  commanding  officer  of  the  troop  or  company 
into  which  he  was  enlisted,  be  taken  before  the  next 
justice  of  the  peace,  or  chief  magistrate  of  any  city 
or  town  corporate,  not  being  an  officer  of  the  army,  or 
where  recourse  cannot  be  had  to  the  civil  magistrate, 
before  the  judge  advocate,  and  in  his  presence,  shall 
take  the  following  oath  or  affirmation  :  "  I,  A.  B.  do 
solemnly  swear  or  affirm,  (as  the  case  may  be)  that  I 
v/ill  bear  true  allegiance  to  the  United  States  of  Amer- 
ica, and  that  I  will  serve  them  honestly  and  faithfully 
a,gainst  all  their  enemies,  or  opposers,  whatsoever, 
and  observe  and  obey  the  orders  of  the  President  of 
the  United  States,  and  the  orders  of  the  officers  ap- 
pointed over  me,  according  to  the  rules  and  articles 
for  the  government  of  the  armies  of  the  United 
States."  Which  justice,  magistrate,  or  judge  advo- 
cate is  to  give  the  officer  a  certificate,  signifying  that 
the  man  enlisted,  did  take  the  said  oath  or  affirmation. 

Art.  11.  After  a  non-commissioned  officer  or  sol- 
dier, shall  have  been  duly  enlisted  and  sworn,  he  shall 
not  be  dismissed  the  service  without  a  discharge  in 


writing;  and  no  discliarge  granted  lo  him  shall  be 
sufficient,  which  is  not  signed  by  a  field  otr.cer  of  the 
regiment  to  which  he  belongs,  or  commanding  ofEcer, 
where  no  field  officer  of  the  regiment  is  present ;  and 
no  discharge  shall  be  given  to  a  non-commissioned 
officer  or  soldier,  before  his  term  of  service  has  ex- 
pired, but  by  order  of  the  President,  the  secretary  of 
■srar,  the  commanding  officer  of  a  department,  or  the 
sentence  of  a  general  court  martial ;  nor  shall  acorn- 
missioned  cfllcer  be  discharged  the  service,  but  by  or- 
der of  the  President  of  the  United  States,  or  by  sen- 
fence  of  a  general  court  martial. 

Art.  12.  Every  colonel,  or  other  oiBcer  command- 
ing a  regiment,  troop,  or  company,  and  actually  quar- 
tered with  it,  may  give  furloughs  to  non-commission- 
ed officers  or  soldiers,  in  such  numbers,  and  for  so  long 
a  time  as  he  shall  judge  to  be  most  consistent  with  the 
good  of  the  service  ;  and  a  captain  or  other  inferior 
officer  commanding  a  troop  or  company,  or  in  any 
garrison,  fort  or  barrack  of  the  United  States,  (hi& 
dSeld  officer  being  absent,)  may  give  furloughs  to  non- 
commissioned officers  or  soldiers,  for  a  time  not  ex- 
ceeding twenty  days  in  six  months,  but  not  to  more 
than  two  persons  to  be  absent  at  the  same  time,  ex- 
cepting some  extraordinary  occasion  should  require  it. 

Art.  13.  At  every  muster,  the  commanding  officer 
cf  each  regiment,  troop,  or  company  there  present, 
shall  give  to  the  commissary  of  musters,  or  other  of- 
ficer who  musters  the  said  regiment,  troop,  or  com- 
pany, certificates  signed  by  himself,  signifying  how 
long  such  officers,  as  shall  not  appear  at  the  said  mus- 
ter, have  been  absent,  and  the  reason  of  their  ab- 
sence. In  like  manner,  the  commanding  officer  of 
-every  troop,  or  company,  shall  give  certificates,  sig- 
uifyiug  the  reasons  of  tlie  absence  of  the  non-com- 
missioned officers  and  private  soldiers,  which  rea- 
sons, and  time  of  absence,  shall  be  inserted  in  the 
musier-rolls  opposite  the  name  of  the  respective 
absent  officers  and  soldiers.    The  certificate's  shall-^ 


17 


together  with  the  muster-rolls,  be  remitted  by  the 
commissary  of  musters,  or  other  officer  mustering,  to 
the  department  of  war  as  speedily  as  the  distance  of 
the  place  will  admit. 

Art.  14.  Every  officer  who  shall  be  convicted^ 
before  a  g-eneral  court  martial,  of  having  signed  a 
false  certificate,  relating  to  the  absence  of  either 
officer  or  private  soldier,  or  relative  to  his  or  theii' 
pay,  shall  be  cashiered. 

Art.  15.  Every  officer  who  shall  knowingly  make 
a  false  muster  of  man  or  horse,  and  every  officer  or 
commissary  of  musters,  who  shall  willingly  sign, 
direct  or  allov/  the  signing  of  muster-rolls,  wherein 
suchfalse  muster  is  contained,  shall,  upon  proof  made 
thereof  by  two  witnesses,  before  a  general  court  mar- 
tial, be  cashiered,  and  shall  be  thereby  utterly  disabled 
to  have  or  hold  any  office  or  employment  in  the  ser- 
vice of  the  United  States. 

Art.  16.  Any  commissary  of  musters  or  othe'j' 
officer,  who  shall  be  convicted  of  having  taken  money 
or  other  thing,  by  way  of  gratification,  on  the  mus- 
tering any  regiment,  troop,  or  company,  or  on  signing 
muster-rolls,  shall  be  displaced  from  his  office,  and 
shall  be  thereby  utterly  disabled  to  have  or  hold  any 
office  or  employment  in  the  service  of  the  United 
States. 

Art.  it.  Any  officer  who  shall  presume  to  muster 
a  person  as  a  soldier,  who  is  not  a  soldier,  shall  be 
deemed  guilty  of  having  made  a  false  muster,  and 
shall  suffer  accordingly. 

Art.  18.  Every  officer  who  shall  knowingly  make 
a  false  return  to  the  department  of  war,  or  to  any  of 
his  superior  officers,  authorized  to  call  for  such  re- 
turns, of  the  state  of  the  regiment,  troop,  or  company, 
or  garrison,  under  hh  command.;  or  of  the  arms, 
ammunition,  clothing,  or  other  stores  thereunto  be- 
longing, shall,  on  conviction  thereof  before  a  court 
martial,  be  cashiered. 

Art.  19.  The  commanding  officer  of  every  re^i- 
B  3 


as 


ment,  troop,  or  independent  compariy,  or  garrison  of 
the  United  States,  shall,  in  the  beginning  of  every 
month,  remit  through  the  proper  channels,  to  the 
department  of  Avar,  an  exact  return  of  the  regiment, 
troop,  independent  company,  or  garrison,  under  his 
command,  specifying  the  names  of  officers  then  ab- 
sent from  their  posts,  and  the  reasons  for,  and  the 
time  of  their  absence.  And  any  officer  who  shall 
be  convicted  of  having,  through  neglect  or  design, 
omitted  sending  such  returns,  shall  be  punished  ac- 
cording to  the  nature  of  his  crime,  by  the  judgment 
of  a   general  court  martial. 

Art.  20.  All  officers  and  soldiers,  who  have  re- 
ceived pay,  or  have  been  duly  enlisted  in  the  service 
©f  the  United  States,  and  shall  be  convicted  of  having 
deserted  the  same,  shall  suffer  death,  or  such  other 
punishment  as  by  sentence  of  a  court  martial  shall 
be  inflicted. 

Art.  21.  Any  non-commissioned  officer  or  soldier, 
who  shall, without  leave  from  his  commanding  officer, 
absent  himself  from  his  troop,  company,  or  detach- 
ment, shall, upon  being  convicted  thereof, be  punished 
according  to  the  nature  of  his  offence,  at  the  discre- 
tion of  a  court  martial. 

Art.  22.  No  non-commissioned  officer  or  soldier, 
shall  enlist  himself  in  any  other  regiment,  troop,  or 
company,  without  a  regular  discharge  from  the  regi- 
ment, troop,  or  company,  in  which  he  last  served,  on 
the  penalty  of  being  reputed  a  deserter,  and  suffering 
accordingly.  And  in  case  any  officer  shall  knowingly 
receive  and  entertain  such  non-commissioned  officer 
or  soldier,  or  shall  not,  after  his  being  discovered  to 
be  a  deserter,  immediately  confine  him,  and  give 
notice  thereof  to  the  corps  in  which  he  last  served, 
the  said  officer  shall  by  a  court  martial  be  cashiered. 

Art.  23.  Any  officer  or  soldier,  who  shall  be  con- 
victed of  having  advised  or  persuaded  any  other 
officer  or  soldier,  to  desert  the  service  of  the  United 
S^tes,  shall   suffer  dftatk,  or  such  other  punishmeftt 


19 


as  shall  be  inflicted  upon  him  by  the  sentence  of  a 
court  martial. 

Art.  24.  No  officer  or  soldier  shall  use  any  re- 
proachful or  provokini^  speeches  or  gestures  to 
another,  upon  pain,  if  an  officer,  of  being  put  in  ar- 
rest ;  if  a  soldier,  confined,  and  of  asking  pardon  of 
the  party  offended,  in  the  presence  of  his  commanding 
officer. 

Art.  25.  No  officer  or  soldier,  shall  send  a  chal- 
lenge to  another  officer  or  soldier,  to  fight  a  duel,  or 
accept  a  challenge,  if  sent,  upon  pain,  if  a  corn-mis- 
sioned officer,  of  being  cashiered  ;  if  a  non-com- 
missioned officer  or  soldier,  of  suffering  corporal 
punishment  at  the  discretion  of  a  court  martial. 

Art.  26.  If  any  commissioned  or  non-commission- 
ed oflicer  commanding  a  guard,  shall  kncwirgly  or 
willingly  suffer  any  person  whatsoever  to  go  forth  to 
fight  a  duel,  he  shall  be  punished  as  a  challenger  ; 
and  all  seconds,  promoters  and  carriers  of  challenges, 
in  order  to  duels,  shall  be  deemed  principals,  and  be 
punished  accordingly.  And  it  shall  be  the  duty  of 
every  officer  commanding  an  arm.y,  regiment,  com- 
pany, post  or  deta.chm.ent,  who  is  knowing  to  a 
challenge  being  given,  or  accepted,  by  any  officer, 
non-commis»ioned  officer,  or  soldier,  under  his  com- 
mand, or  has  reason  to  believe  the  same  to  be  the 
case,  immediately  to  arrest  and  bring  to  trial  such 
offenders. 

Art.  2r.  All  officers,  of  v>hat  condition  soever, 
have  power  to  part  and  quell  all  quarrels,  frays,  and 
disorders,  though  the  persons  concerned  should 
belong  to  another  regiment,  troop,  or  company  :  and 
cither  to  order  officers  into  a-rrest,  or  non-commis- 
sioned officers  or  soldiers  into  confinement,  until 
their  proper  superior  officers  shall  be  acquainted 
therewith  ;  and  whosoever  shall  refuce  to  obey  such 
officer  (though  of  an  inferior  rank)  07  shall  draw  his 
sword  upon  him,  shall  be  punished  at  the  discretion 
©f  a  general  court  uiarrle.l. 


20 

Art.  28.  Any  officer  or  soldier,  who  shall  upbraid 
another  for  refusing  a  challenge,  shall  himself  be 
punished  as  a  challenger  ;  and  all  officers  and  sol- 
diers are  hereby  discharged  from  any  disgrace  op 
opinion  of  disadvantage,  which  might  arise  from  their 
having  refused  to  accept  of  challenges,  as  they  will 
only  have  acted  in  obedience  to  the  laws,  and  done 
their  duty  as  good  soldiers,  who  subject  themselves 
to  discipline. 

Art.  29.  No  suttler  shall  be  permitted  to  sell  any 
kind  of  liquors  or  victuals,  or  to  keep  their  houses  or 
shops  open  for  the  entertainment  of  soldiers,  after 
nine  at  night,  or  before  the  beating  of  the  reveilles, 
or  upon  Sundays,  during  divine  service  or  sermon, 
on  the  penalty  of  being  dismissed  from  all  future 
suitling. 

Art.  30.  All  oHJcers  commanding  in  the  field, 
forts,  barracks,  or  garrisons  of  the  United  Slates,  arc 
hereby  required  to  sec  that  the  persons  permitted  to 
sultle,  shall  supply  the  soldiers  with  good  and  whole 
some  provisions,  or  other  articles,  at  a  reasoiirbh; 
price,  as  they  sliall  be  answerable  for  their  neglect- 

Art.  3 1  No  oflicer  commanding  in  any  of  the  gar 
risoiis,  forts  or  barracks  of  the  United  States,  shall 
exact  exorbitant  prices  for  Iiouses  or  stalls  let  cut  to 
suttlers,  or  connive  at  the  like  exactions  in  others  ; 
nor  by  his  own  authority,  and  for  his  private  advan- 
tage, lay  any  duty  or  imposition  upon,  or  be  interested 
in  the  sale  of  any  victuals,  liquors,  or  other  necessa- 
ries of  life,  brought  into  the  garrison,  fort  or  barracks, 
for  the  use  of  the  soldiers,  on  the  penalty  of  being 
discharged  from  the  service. 

Art.  32.  Every  officer  commanding  in  quarters, 
i^arrisons,  or  on  the  march,  shall  keep  good  order,  and 
to  the  utmost  of  his  power,  redress  all  abuses  or  dis- 
orders, which  may  be  committed  by  any  officer  or 
soldier  under  his  command  ;  if  upon  complaint  made 
to  him  of  officers  or  soldiers  beating,  or  otherwise  ill 
treating  any  person,  of  disturbing  fairs  or  markets^  or 


m 

of  coniTnitting'  any  kinds  of  riots,  to  the  disquieting  o^' 
the  citizens  of  the  United  States,  he,  the  said  com- 
mander, who  shall  refuse  or  omit  to  see  justice  done 
lo  the  offender  or  offenders,  and  reparation  made  to 
the  party  or  parties  injured,  as  far  as  part  of  the  ojen- 
dcr's  pay  shall  enable  him  or  them,  shall  upon  proof 
thereof,  be  cashiered  or  punished,  as  a  general  court 
martial  shall  direct. 

Art.  33.  Vv^hen  any  commissioned  oflficeror  soldier, 
shall  be  accused  of  a  capital  crime,  or  of  having  used 
violence,  or  committed  any  offence  against  the  per- 
sons or  property  af  uiy  citizen  of  any  of  the  United 
States,  such  as  is  punishable  by  the  known  laws  of  the 
land,  the  commanding  officer,  and  officers  of  every 
regiment,  troop  or  company,  to  v/hich  the  person  or 
persons,  so  accused,  shall  belong,  are  hereby  requir- 
ed, upon  application  duly  made  by,  or  in  behalf  of  the 
party  or  parties  injured,  to  use  tlieir  utmost  endeavG^re 
to  deliver  over  such  accused  person,  or  persons  to 
the  civil  magistrate,  and  likewise  to  be  aiding  and  as- 
sisting to  the  officers  of  justice  in  apprehending  and 
aecuringthe  person  or  persons  so  accused,  in  order  to 
bring  him  or  them  to  trial.  If  any  comnaanding  ofBccy 
or  officers, shall  wilfully  neglect,  or  shall  refuse,  upon 
the  application  aforesaid,  to  deliver  over  such  accused 
person  or  persons,  to  the  civil  magistrates,  or  to  be 
aiding  and  assisting  to  the  officers  of  justice  in  appre- 
hending such  person,  or  persons,  the  cfncer,  or  of- 
ficers, so  offending,  shall  be  cashiered. 

Art.  34.  If  any  officer  shall  think  himself  wrong- 
ed by  his  colonel,  or  the  commanding  officer  of  the 
regiment,  and  shall,  upon  due  application  being  made 
to  him,  be  refused  redress,  he  may  complain  to  the 
general,  commanding  in  the  state  or  territory  where 
6uch  regiment  shall  be  stationed,  in  order  to  obtain 
justice  ;  who  is  hereby  required  to  examine  into  th* 
said  complaint,  and  take  proper  measures  for  redress- 
ing the  wrong  complained  of,  and  transmit  as  soon  as 
possible,  to  the  department  of  war,  a  true  state  of 
such  complain tj  with  the  proceedings  had  thereon. 


22 


Art.  25.  If  any  inferior  officer  or  soldier,  shall 
think  himself  wronged  by  his  captain,  or  other  officer, 
he  is  to  complain  thereofto  the  commanding  officer 
of  the  regiment,  who  is  hereby  required  to  summon  a 
regimental  court  martial,  for  the  doing  justice  to  the 
complainant  ;  from  which  regimental  court  martial, 
either  party  may.  if  he  thinks  himself  still  ag^grieved, 
appeal  to  a  general  court  martial.  But  if,  upon  a  se- 
cond hearing,  the  appeal  shall  appear  vexatious  and 
groundless,  the  person,  so  appealing,  shall  be  punish- 
ed at  the  discretion  of  the  said  court  martiy.l. 

Art.  3G.  Any  commissioned  officer,  store  keeper, 
or  commissary,  who  shall  be  convicted  at  a  general 
court  martial,  of  having  sold,  without  a  proper  order 
for  that  purpose,  embezzled,  misapplied,  or  wilfully, 
or  through  neglect,  suffered  any  of  the  provisions, 
forage,  arms,  clothing,  ammunition,  or  other  military- 
stores  belonging  to  the  United  States,  to  be  spoiled, 
or  damaged,  shall,  at  his  own  expense,  make  good 
the  loss  or  damage,  and  shall,  moreover,  forfeit  all  his 
pay,  and  be  dismissed  from  the  service. 

Art.  37.  Any  non-commissioned  officer  or  soldier, 
who  shall  be  convicted,  at  a  regimental  court  mar- 
tial, of  having  sold,  or  designedly,  or  through  neg- 
lect, wasted  the  ammunition  delivered  out  to  him, 
to  be  employed  in  the  service  of  the  United  States, 
shall  be  punished  at  the  discretion  of  such  court. 

Art.  38.  Every  non-commissioned  officer  or  sol- 
dier, who  shall  be  convicted  before  a  court  martial, 
of  having  sold,  lost,  or  spoiled,  through  neglect,  his 
horse,  arms,  clothes,  or  accoutrements,  shall  be  put 
under  such  weekly  stoppages  (not  exceeding  the 
half  of  his  pay)  as  such  court  martial  shall  judge  suf- 
ficient, for  repairing  the  loss  or  damage  ;  and  shall 
suffer  confinement,  or  such  other  corporal  punish- 
ment as  his  crime  shall  deserve. 

Art.  39.  ETvery  officer,  who  shall  be  convicted 
before  a  court  martial,  of  having  embezzled,  or  mis- 
applied any  money  with  which  he  may  haye  been  en- 


23 


i-rustcd,  for  the  payment  of  the  men  under  his  <:6m' 
mand,  or  for  enlistirsr^  men  i;  to  the  service,  or  for 
other  purposes,  if  a  commissioned  officer,  shall  be 
cashiered,  and  compelled  to  refund  the  money ;  if  a 
jion-commissioned  officer,  shall  be  reduced  to  the 
ranks,  be  put  under  stoppages  until  the  money  be  made 
good,  and  suffer  such  corporal  punishment  as  such 
court  martial  shall  direct. 

Art.  40.  Every  captain  of  a  troop,  or  company,  is 
charged  with  the  arms,  accoutrements,  ammunition, 
clothing  or  other  warlike  stores  belonging  to  the 
troop,  or  company  under  his  command,  which  he  is 
to  be  accountable  for  to  his  colonel,  in  case  of  their 
being  lost,  spoiled,  or  damaged,  not  by  unavoidable 
accidents,  or  on  actual  service. 

Art.  41.  All  non-commissioned  officers  and  sol- 
diers, who  shall  be  found  one  mile  from  the  camp, 
without  leave,  in  writing,  from  their  commanding  of- 
ficer, shall  suffer  such  punishment  as  shall  be  inflict- 
ed upon  them  by  the  sentence  of  a  court  martial. 

Art.  42.  No  officer  or  soldier  shall  lie  out  of  his 
quarters,  garrison,  or  camp,  without  leave  from  his 
superior  officer,  upon  penalty  of  being  punished  ac- 
cording to  the  nature  of  his  offence,  by  the  sentence 
of  a  court  martial. 

Art.  43.  Every  non-commissioned  officer  and  sol- 
dier shall  retire  to  his  quarters  or  tent,  at  the  beating 
of  the  retreat ;  in  default  of  which  he  shall  be  punish- 
ed according  to  the  nature  of  his  offence. 

Art.  44.  No  officer,  non-commissioned  officer  or 
soldier,  shall  fail  in  repairing,  at  the  time  fixed,  to 
the  place  of  parade,  of  exercise  or  other  rendezvous, 
appointed  by  his  commanding  officer,  if  not  prevent- 
ed by  sickness,  or  some  other  evident  necessity,  or 
shall  go  from  the  said  place  of  rendezvous,  without 
leave  from  his  commanding  officer,  before  he  shall 
be  regularly  dismissed  or  relieved,  on  the  penalty  of 
being  punished  according  to  the  nature  of  his  offence 
by  the  sentence  of  a  court  martial. 


24 


Akt.  45.  Any  commissioned  officer,  who  shall  be 
found  drunk  on  his  guard,  party,  or  other  duty,  shall 
be  cashiered.  Any  non-commissioned  officer  or  soldier 
so  offending,  shall  suffer  such  corporal  punishment  as 
shall  be  inflicted  by  the  sentence  of  a  court  martial. 

Art.  46.  Any  centinel  who  shall  be  found  sleeping 
upon  his  post,  or  shall  leave  it  before  he  shall  be  regu- 
larly relieved,  shall  suffer  death,  or  such  other  punish- 
ment as  shall  be  inflicted  by  the  sentence  of  a  court 
martial. 

Art.  47.  No  soldier  belonging  to  any  regiment, 
troop,  or  company,  shall  hire  another  to  do  his  duty  for 
him,  or  be  excused  from  duty,  but  in  cases  of  sick- 
ness, disability,  or  leave  of  absence  ;  and  every  such 
soldier  foun.d  guilty  of  hiring  his  duty,  as  also  the  par- 
ty so  hired  to  do  another's  duty,  shall  be  punished  at 
the  discretion  of  a  regimental  court  martial. 

Art.  48.  And  every  non-commissioned  officer  con- 
niving at  such  hiring  of  duty  aforesaid,  shall  be  re- 
duced;  and  every  commissioned  officer,  knowing  and 
allowing  such  ill  practices  in  the  service,  sha.1]  be 
punished  by  the  judgment  of  a  general  court  martial. 

Art.  49.  Any  officer  belonging  to  the  service  of  the 
United  States,  who,  by  discharp;ing  of  fire  arms, 
drawing  of  swords,  beating  of  drums,  or  by  any  other 
means  whatsoever,  shall  occasion  false  alarms,  in  camp, 
garrison,  or  quarters,  shall  sufl"er  death,  or  such  other 
punishment  as  shall  be  ordered  by  the  sentence  of  a 
general  court  martial. 

Art.  50.  Any  officer  or  soldier,  who  shall,  without 
urgent  necessity,  or  without  the  leave  of  his  superior 
officer,  quit  his  guard,  platoon,  or  division,  shall  be 
punished  according  to  the  nature  of  his  cfieiice,  by 
tlie  sentence  of  a  court  martial. 

Art.  51.  No  officer  or  soldier  shall  do  violcrice  to 
any  person  who  brings  provisions  or  other  necessa- 
ries to  the  camp,  garrison  cr  quarters,  of  the  forces  of 
the  United  States,  employed  in  any  part?  cut  of  the 
said  states,  upon  pain  of  death,  or  suchothc"  punish- 
meat  as  a  court  martial  shall  direct. 


S5 


ARt.  52.  Any  officer  or  soldier,  who  shall  niisbe*- 
liave  himself  before  the  enemy,  run  away,  or  shame* 
fully  abandon  any  fort,  post,  or  guard,  which  he  or 
they  may  be  commanded  to  defend,  or  speak  Avords 
inducing  others  to  do  the  like  ;  or  shall  cast  away  his 
arms  and  ammunition,  or  who  shall  quit  his  post  or 
colours  to  plunder  and  pillage  ;  every  such  offender 
being  duly  convicted  thereof,  shall  suffer  death,  or 
such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  general  court  martial. 

Art.  53.  Any  person  belonging  to  the  armies  of  the 
United  States,  who  shall  make  known  the  w^atch-word 
to  any  person  who  is  not  entitled  to  receive  it,  accord- 
ing to  the  rules  and  discipline  of  war,  or  shall  presume 
to  give  a  parole  or  watch-word,  different  from  what 
he  received,  shall  suffer  death,  or  such  other  punish- 
ment as  shall  be  ordered  by  the  sentence  of  a  general 
court  martial. 

Art.  54.  All  ofiicers  and  soldiers  are  to  behave' 
themselves  orderly  in  quarters,  and  on  their  march  ; 
and  whosoever  shall  commit  any  waste,  or  spoil,  eith- 
er in  walks  of  trees,  parks,  warrens,  fish  ponds,  hous- 
es, or  gardens,  cornfields,  enclosures  or  meadows,  or 
shall  maliciously  destroy  any  property  whatacever, 
belonging  to  the  inhabitants  of  the  United  States,  un- 
less by  order  of  the  then  commander  in  chief  of  the 
armies  of  the  said  states,  shall  (besides  such  penalties 
as  they  are  liable  toby  law,)  be  punished  according  to 
the  nature  and  degree  of  the  offence,  by  the  judgment 
ef  a  regimental  or  general  court  martial. 

Art.  55.  Whosoever,  belongins;  to  the  armies  of 
the  United  States,  employed  in  foicign  parts,  shall 
force  a  safeguard,  shall  suffer  death. 

Art.  56.  Whosoever  shall  relieve  the  enemy  with 
money,  victuals,  or  ammunition,  or  shall  knowingly 
harbor  or  protect  an  enemy,  shall  suffer  death,  oi* 
such  other  punishment  as  shall  be  ordered  by  the  sen- 
tence  of  a  court  martial. 

Art.  57.  Whosoever  shall  be  convicted  of  holding 


26 


correspondence  with,  or  giving  intelligence  to  the  en- 
emy, either  directly  or  indirectly,  shall  suffer  deatit, 
or  such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  court  martial. 

Art.  58.  All  public  stores  taken  in  the  enemy's 
camp,  towns,  forts,  or  magazines,  whether  of  artille- 
ry, ammunition,  clothing,  forage  or  provisions,  shall 
be  secured  for  the  service  of  the  United  States  ;  for 
the  neglect  of  which  the  commanding  officer  is  to  be 
ansv/erable. 

Art.  59.  If  any  comms-nder  of  any  garrison,  for- 
tress or  post,  shall  be  compelled,  by  the  officers  and 
soldiers  under  his  command,  to  give  up  to  the  enemy, 
or  to  abandon  it ;  the  commissioned  officers,  non-com- 
missioned officers,  or  soldiers,  who  shall  be  convicted 
of  having  so  offended,  shall  suffer  death,  or  such  other 
punishment  as  shall  be  inflicted  u}X)n  them  by  the 
«entence  of  a  court  martial. 

Art.  60.  Ail  suttlers  and  retainers  to  the  camp, 
and  all  persons  whatsoever,  serving  with  the  armies 
of  the  United  States,  in  tlie  field,  though  not  enlisted 
soldiers,  are  to  be  subject  to  orders,  according  to  the 
rules  and  discipline  of  war. 

Art.  61.  Officers  having  brevctts,  or  commissions, 
of  a  prior  date  to  those  of  the  regiment  in  which  they 
serve,  may  take  place  in  courts  martial  and  on  de- 
tachments, when  composed  of  different  corps,  accord-^ 
ing  to  the  ranks  given  them  in  their  brevetts,  or  dates 
of  their  form.er  commissions ;  but  in  the  regiment, 
troop,  or  company,  to  which  such  officers  belong,  they 
shall  do  duty,  and  take  rank,  both  in  courts  martial 
and  on  detachments,  which  shall  be  composed  only  of 
their  own  corps,  according  to  the  commissions  by 
which  they  are  mustered  in  the  said  corps. 

Art.  62.  If  upon  marches,  guards,  or  in  quarters, 
different  corps  of  the  army  shall  happen  to  join,  or  do 
duty  together,  the  officer  highest  in  rank  of  the  line 
of  tire  army,  marine  corps,  or  militia,  by  commission 
tliere,   on  duty,  or  in  quarters,  shall  command  tJic 


27 

M^hole,  and  give  orders  for  what  is  neediul  to  the  se(i>- 
vice,  unless  otherwise  specially  directed  by  the  Presi- 
dent of  the  United  States,  according  to  the  nature  of 
the  case. 

Art.  63.  The  functions  of  the  engineers  being; 
generally  confined  to  the  most  elevated  branch  of  mil- 
itary science,  they  are  not  to  assume,  nor  are  they 
subject  to  be  ordered  on  any  duty  beyond  the  line  of 
their  immediate  profession,  except  by  the  special  or- 
der of  the  President  of  the  United  States;  but  they 
are  to  receive  every  mark  of  respect,  to  which  their 
rank  in  the  army  may  entitle  them  respectively,  and 
are  liable  to  be  transferred,  at  the  discretion  of  the 
President,  from  one  corps  to  another,  regard  being 
paid  to  rank. 

Art.  64.  General  courts  martial  may  consist  of  any 
number  of  commissioned  officers  from  five  to  thirteen 
inclusively,  but  they  shall  not  consist  of  less  than  thir- 
teen, where  that  number  can  be  convened,  without 
manifest  injury  to  the  service. 

Art,  65.  Any  general  officer  commanding  an  army, 
or  colonel  commanding  a  separate  department,  may 
appoint  general  courts  martial  whenever  necessa.ry. 
But  no  sentence  of  a  court  martial  shall  be  carried  in- 
to execution  until  after  the  whole  proceedings  shall 
have  been  la.id  before  the  officer  ordering  the  same, 
or  the  officer  commanding  the  troops  for  the  time  be- 
ing ;  neither  shall  any  sentence  of  a  general  court 
martial,  in  time  of  peace,  extending  to  the  loss  of  life, 
or  the  dismission  of  a  commissioned  officer,  or  which 
shall,  either  in  time  of  peace  or  war,  respecting  a 
general  officer,  be  carried  into  execution,  until  after 
the  whole  proceedings  shall  have  been  transmitted  to 
the  secretary  of  war,  to  be  laid  before  the  President 
of  the  United  States,  for  his  confirmation  or  disappro- 
val and  orders  in  the  case.  All  other  sentences  may 
be  confirmed  and  executed  by  the  officer  ordering  the 
court  to  assemble,  or  the  commanding  officer  for  the 
time  being,  as  the  case  may  be. 


28 


Art.  66.  V.vevy  officer  comtnandini^  a  regiments 
or  corps,  may  appoint,  for  his  own  regiment  or  corps, 
courts  martial,  to  consist  of  three  commissioned  offi- 
cers, for  the  trial  and  punishment  of  offences  not  ca- 
pital, and  decide  upon  their  sentences.  For  the  same 
purpose  all  officers,  commanding  any  of  the  garrisons, 
forts,  barracks,  or  other  places  where  the  troops  con- 
sist of  different  corps,  may  assemble  courts  martial, 
to  consist  of  three  commissioned  officers,  and  decide 
upon  their  sentences. 

Art,  67.  No  garrison  or  regimental  court  martial 
shall  have  the  power  to  try  capital  cases,  or  commis- 
sioned officers ;  neither  shall  they  inflict  a  fine  ex- 
ceeding one  month's  pay,  nor  imprison,  nor  put  to 
hard  labor,  any  non-commissioned  officer  or  soldier, 
for  a  longer  time  than  one  month. 

Art.  6S.  Whenever  it  may  be  found  convenient 
and  necessary  to  the  public  service,  the  officers  of  the 
maria^ie  shall  be  associated  with  the  officers  of  the 
land  forces,  for  the  purpose  of  holding  courts  martial 
and  trying  offenders  belonging  to  either  ;  and  in  such 
cases  the  orders  of  the  senior  officers  of  either  corps 
who  may  be  present  and  duly  authorized,  shall  he  re- 
ceived and  obeyed. 

Art.  69.  The  judge  advocate  or  some  person  de* 
puted  by  him,  or  by  the  general,  or  officer  command- 
ing the  army,  detachment,  or  garrison,  shall  prose- 
cute in  the  name  of  the  United  States,  but  shall  so 
far  consider  himself  as  counsel  for  the  prisoner,  after 
the  said  prisoner  shall  have  made  his  plea,  as  to  ob- 
ject to  any  leading  question  to  any  of  the  witnesses, 
or  any  question  to  the  prisoner,  the  answer  to  which 
might  tend  to  criminate  himself;  and  administer  to 
each  member  of  the  court,  before  they  proceed  upon 
any  trial,  the  following  oath,  which  shall  also  be  ta- 
ken by  all  members  of  the  regimental  and  garrison 
courts  martial. 

**  You,  A.  B.  do  swear,  that  you  will  well  and  truly 
try  and  determine,  according  to  evidence,  the  matter 
BOW  before  you,  between  the  United  States  of  A4neri'» 


29 


ca  and  the  prisoner  to  be  tried,  and  that  you  will  duly 
administer  justice,  according  to  the  provisions  of  "an 
act  establishing  rules  and  articles  for  the  government 
of  the  armies  of  the  United  States,"  without  partiali- 
ty? favor  or  affection  ;  and  if  any  doubt  shall  arise,  not 
explained  by  said  articles,  according  to  your  consci- 
ence, the  best  of  your  understanding,  and  the  custom- 
of  war,  in  like  cases  ;  and  you  do  further  swear,  that 
you  will  not  divulge  the  sentence  of  the  court  until  it 
shall  be  published  by  the  proper  authority  ;  neither 
will  you  disclose  or  discover  the  vote  or  opinion  of 
any  particular  member  of  the  court  martial ;  unless 
required  to  give  evidence  thereof  as  a  witness,  by  a 
court  of  justice,  in  a  due  course  of  law.  So  help,  you 
Gocir 

And  as  soon  as  the  said  oath  shall  have  been  ad- 
ministered to  the  respective  members,  the  president 
of  the  court  shall  administer  to  the  judge  advocate,  or 
person  officiating  as  such,  an  oath  in  the  following 
words  : 

"  You,  A.  B.  do  swear,  that  you  will  not  disclose  or 
discover  the  vote  or  opinion  of  any  particular  mem- 
ber of  the  court  martial,  unless  required  to  give  evi- 
dence thereof  as  a  witness,  by  a  court  of  justice,  in 
due  course  of  law.  Nor  divulge  the  sentence  of  the 
court  to  any  but  the  proper  authority,  until  it  shall  be 
duly  disclosed  by  the  same.     So  help  you  God.'* 

Art.  70.  When  any  prisoner  arraigned  before  a 
general  court  martial  shall,  from  obstinate  an<;l  de- 
liberate design,  stand  mute  or  answer  foreign  to  the 
purpose,  the  court  may  proceed  to  trial  and  judg- 
ment as  if  the  prisoner  iiad  regularly  pleaded  not 
guilty. 

Art.  71.  When  a  member  shall  be  challenged  by 
a  prisoner,  he  must  state  his  cause  of  challenge,  of 
wliich  the  court  shall,  after  due  deliberation,  deter- 
mine the  relevancy  or  validity,  and  decide  according- 
ly ;  and  no  challenge  to  more  than  one  member  at  ft 
time  shall  be  received  by  the  court. 
C2 


so 


AiiT.  72.  All  the  members  of  a  court  martial  at* 
to  behave  with  decency  and  calmness  ;  and  in  giving 
their  votes,  are  to  begin  with  the  yomigest  in  com- 
mission. 

Art.  73.  All  persons  who  give  evidence  before  a 
court  martial,  are  to  be  examined  on  oath  or  affirma- 
tion in  the  following  form  : 

"  You  swear,  or  affirm,  (as  the  case  may  be)  the 
evidence  you  shall  give  in  the  cause  now  in  hearing, 
shall  be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth.     -S'o  kelji  ijou  God.'' 

Art.  74.  On  the  trials  of  cases  not  capital,  before 
courts  martial,  the  deposition  of  witnesses  not  in  the 
line  or  staff  of  the  army,  may  be  taken  before  some 
justice  of  the  peace,  and  read  in  evidence  ;  provided, 
the  prosecutor  a-nd  person  accused  are  present  at  the 
taking  the  same,  or  are  duly  notified  tliereof. 

Art.  75.  No  officer  shall  be  tried  but  by  a  general 
court  martial,  nor  by  officers  of  inferior  rank,  if  it 
can  be  avoided.  Nor  shall  any  proceedings  or  trials 
fee  carried  on  excepting  between  the  hours  of  eight 
in  the  morning  and  three  in  the  afternoon,  excepting 
5n  cases  which,  in  the  opinion  of  the  officer  appoint- 
ing the  court  martial,  require  immediate  example. 

Art.  76.  No  person  whatsoever  shall  use  any  me- 
jiacing  words,  signs,  or  gestures,  in  presence  of  a 
court  martial,  or  shall  cause  any  disorder  or  riot,  or 
disturb  their  proceedings,  on  the  penalty  of  being 
punished  at  the  discretion  of  the  said  court  martial. 

Art.  77.  Whenever  any  officer  shall  be  charged 
'with  a  crime,  he  shall  be  arrested  and  confined  in  his 
barracks,  quarters  oi  tent,  and  deprived  of  his  Sword, 
by  the  commanding  officer.  And  any  officer  who 
shall  leave  his  confinement  before  he  shall  be  set  at 
liberty  by  his  commanding  officer,  or  by  a  superior 
officer,  shall  be  cashiered. 

Art.  78.  Non-commissioned  officers  and  soldiers, 
charged  with  crimes,  shall  be  confined  until  tried  by 
a  court  iTftartial,  or  released  by  proper  authority. 


51 


Art.  79.  No  ofTiccr  or  soldier  who  shall  be  put  in 
arrest,  s].all  continue  in  confinement  more  than  eight 
days,  or  until  such  time  as  a  court  martial  can  be  as- 
sembled. 

Art.  80.  No  oTicer  commanding  a  guard,  or  pro- 
vost martial,  shall  refuse  to  receive  or  keep  any  pris- 
oner committed  to  his  charge  by  an  officer  belonging 
to  the  forces  of  the  United  States  ;  provided  the  offi- 
cer committing  shall,  at  the  same  time,  deliver  an  ac- 
count in  writing,  signed  by  himself,  of  the  crime 
with  which  the  said  prisoner  is  charged. 

Art.  Si.  No  officer  commanding  a  guard,  or  pro- 
vost martial,  shall  presume  to  release  any  person 
committed  to  his  charge,  without  proper  authority  for 
$0  doing,  nor  shall  he  suffer  any  person  to  escape,  on 
the  penalty  of  being  punished  for  it  by  the  sentence 
of  a  court  martial. 

Art.  82.  Every  officer  or  provost  martial,  to  whose 
charge  prisoners  shall  be  committed,  shall  within 
iwenty-four  hours  after  such  commitment,  or  as  soon 
as  he  shall  be  relieved  from  his  guard,  make  report 
in  writing,  to  the  commanding  officer,  of  their  names, 
their  crimes,  and  the  names  of  the  officers  vrho  com- 
mitted them,  on  the  penalty  of  being  punished  for 
disobedience  or  neglect,  at  the  discretion  of  a  court 
martial. 

Art.  83.  Any  commissioned  officer  convicted  be- 
fore a  general  court  martial  of  conduct  unbecoming 
an  officer  and  a  gentleman,  shall  be  dismissed  the 
service. 

Art.  84.  In  cases  where  a  court  martial  may  think 
it  proper  to  sentence  a  commissioned  officer  to  be 
suspended  from  command,  they  shall  have  power  al- 
so to  suspend  his  pay  and  emoluments  from  the  same 
time  according  to  the  nature  and  heinousness  of  the 
offence. 

Art.  85.  In  all  cases  where  a  commissioned  offi- 
cer is  cashiered  for  cowardice  or  fraud,  it  shall  be  ad- 
ded in  the  sentence,  that  the  crime,  name,  anci  place 


32 


of  abode,  and  punishment  of  the  delmquent,  be  pub- 
lished in  the  newspapers,  in  and  about  the  camp,  and 
of  the  particular  state  from  which  the  offender  came, 
or  where  he  usually  resides,  after  which  it  shall  be 
deemed  scandalous  for  an  officer  to  associate  with 
him. 

Art.  86.  The  commanding  officer  of  any  post  or 
detachment,  in  which  there  shall  not  be  a  number  of 
officers  adequate  to  form  a  general  court  martial,  shall 
in  cases  which  require  the  cognizance  of  such  a 
court,  report  to  the  commanding  officer  of  the  de- 
partment, who  shall  order  a  court  to  be  assembled 
at  the  nearest  post  or  detachment,  and  the  party  ac- 
cused with  necessary  witnesses,  to  be  transported  to 
the  place  where  the  said  court  shall  be  assembled. 

Art.  87.  No  person  shall  be  sentenced  to  suffer 
death  but  by  the  concurrence  of  two  thirds  of  a  gene- 
ral court  martial,  nor  except  in  the  cases  herein  ex- 
pressly mentioned  ;  nor  shall  more  than  fifty  lashes* 
be  inflicted  on  any  offender,  at  the  discretion  of  a 
court  martial ;  and  no  officer,  non-commissioned  offi- 
cer, soldier,  or  follower  of  the  army,  shall  be  tried  a 
second  time  for  the  same  offence. 

Art.  88.  No  person  shall  be  liable  to  be  tried  and 
punished  by  a  general  court  martial  for  any  offence 
which  shall  appear  to  have  been  committed  more 
than  two  years  before  the  issuing  of  the  order  for 
such  trial,  unless  the  person,  by  reason  of  having  ab- 
sented himself,  or  some  other  manifest  impediment, 
shall  not  have  been  amenable  to  justice  within  that 
period. 

Art.  89.  Every  officer  authorized  to  order  a  gene- 
ral court  martial,  shall  have  power  to  pardon  or  miti- 
gate any  punishment  ordered  by  such  court,  except 
the  sentence  of  death,  or  of  cashiering  an  officer  ; 
which,  in  the  cases"  where  he  has  authority  (by  article 
65)  to  carry  them  into  execution,  he  may   suspend 

*  Punislunent  by  stripes  or  lashes  not  allowed— see  act  of  con' 
gre&s,  M#y,  16,  1812. 


33 


until  the  pleasure  of  the  President  of  the  United 
States  can  be  known;  which  suspension,  together 
with  copies  of  the  proceedings  of  the  court  martial, 
the  said  officer  shall  immediately  transmit  to  the  Pre- 
sident for  his  determination.  And  the  colonel  or 
commanding  officer  of  the  regiment  or  garrison, 
where  any  regimental  or  garrison  court  martial  shall 
be  held,  may  pardon  or  mitigate  any  punishment  or- 
dered by  such  court  to  be  inflicted. 

Art.  90.  Every  judge  advocate,  or  person  officiat- 
ing as  such,  at  any  general  court  martial,  shall  trans- 
mit, with  as  much  expedition  as  the  opportunity  of 
time  and  distance  of  place  can  admit,  the  original 
proceedings  and  sentence  of  such  court  martial,  to 
the  secretary  of  war,  which  said  original  proceedings 
and  sentence  shall  be  carefully  kept  and  preserved  in 
the  office  of  the  said  secretary,  to  the  end  that  the 
persons  entitled  thereto  may  be  enabled,  upon  appli- 
cation to  the  said  office,  to  obtain  copies  thereof. 

The  party  tried  by  any  general  court  martial,  shall 
upon  demand  thereof  made  by  himself,  or  by  any  per- 
son or  persons  in  his  behalf,  be  entitled  to  a  copy  of 
the  sentence  and  proceedings  of  such  court  martial. 

Art.  9 1 .  In  cases  where  the  general  or  command- 
ing officer  may  order  a  court  of  inquiry  to  examine 
into  the  nature  of  any  transaction,  accusation  or  im- 
putation against  any  officer  or  soldier,  the  said  court 
shall  consist  of  one  or  more  officers,  not  exceeding 
three,  and  a  judge  advocate,  or  other  suitable  person 
as  a  recorder,  to  reduce  the  proceedings  and  evi- 
dence to  writing,  all  of  whom  shall  be  sworn  to  the 
faithful  performance  of  their  duty.  This  court  shall 
have  the  same  power  to  summon  witnesses  as  a  court 
martial,  and  to  examine  them  on  oath.  But  they  shall 
not  give  their  opinion  on  the  merits  of  the  case,  ex- 
cepting they  shall  be  thereto  specially  required.  The 
parties  accused  shall  also  be  permitted  to  cross  ex- 
amine, and  interrogate  the  witnesses,  so  as  to  investi- 
gate fully  the  circumstances  in  question. 


Art.  92.  The  proceedings  of  a  court  of  inquiry 
must  be  authenticated  by  the  signature  of  the  recorder 
and  the  president,  and  delivered  to  the  commanding 
officer  ;  and  the  said  proceedings  may  be  admitted  as 
evidence  by  a  court  martial,  in  cases  not  capital,  of 
extending  to  the  dismission  of  an  officer,  provided 
that  the  circumstances  are  such,  that  oral  testimony 
cannot  be  obtained.  But  as  courts  of  inquiry  may  be 
perverted  to  dishonorable  purposes,  and  mo.y  be  con- 
sidered as  engines  of  destruction  to  military  merit, 
in  the  hands  of  weak  and  envious  commandants,  they 
are  hereby  prohibited,  unless  directed  by  the  Presi- 
dent of  the  United  States,  or  demanded  by  the  ac- 
cused. 

Art.  93.  The  judge  advocate,  or  recorder,  shall 
administer  to  the  members  the  following  oath  : 

"  You  shall  well  and  truly  examine  and  inquire,  ac- 
cording to  your  evidence,  into  the  matter  now  before 
you,  without  partiality,  favor,  affection,  prejudice,  or 
hope  of  reward.      So  helji  you  God.'' 

After  which  the  president  shall  administer  to  the 
judge  advocate,  or  recorder,  the  following  oath  : 

"  You,  A.  B.  do  swear,  that  you  will,  according  to 
your  best  abilities,  accurately  and  impartially  record 
the  proceedings  of  the  court,  and  the  evidence  to  be 
given  in  the  case  in  hearing.     So  hel/i  you  God.'* 

The  witnesses  shall  take  the  same  oath  as  witness- 
es sworn  before  a  court  martial. 

Art.  94.  When  any  commissioned  officer  shall 
die,  or  be  killed  in  the  service  of  the  United  States, 
the  major  of  the  regiment,  or  the  officer  doing  the 
major's  duty  in  his  absence,  or  in  any  post  or  garrison 
the  second  officer  in  command,  or  the  assistant  mili- 
tary agent,  shall  immediately  secure  all  his  effects  or 
equipage  then  in  camp  or  quarters,  and  sha.ll  make 
an  inventory  thereof,  and  forthwith  transmit  the  same 
to  the  office  of  the  department  of  w^ar,  to  the  end, 
that  his  executors  or  administrators  may  receive 
the  same. 


55 


Art.  95.  When  any  non-commissioned  officer,  oi^ 
soldier,  shall  die,  or  be  killed  in  the  service  of  the 
United  States,  the  then  commanding  officer  of  the 
troop,  or  company,  shall,  in  the  presence  of  two  other 
commissioned  officers,  take  an  account  of  what  effects 
he  died  possessed  of,  above  his  arms  and  accoutre- 
ments, and  transmit  the  same  to  the  office  of  the  de- 
partment of  war ;  which  said  effects  are  to  be  ac- 
counted for,  and  paid  to  th€  representatives  of  such 
deceased  non-commissioned  officer,  or  soldier.  And 
in  case  any  ol  the  officers,  so  authorized  to  take  care 
of  the  effects  of  deceased  officers  and  soldiers,  should 
before  they  have  accounted  to  their  representatives 
for  the  same,  have  occasion  to  leave  the  regiment,  or 
post,  by  preferment,  or  otherwise,  they  shall,  before 
they  be  permitted  to  quit  the  same,  deposit  in  the 
hands  of  the  commanding  officer,  or  of  the  assistant 
military  agent,  all  the  effects  of  such  de<:eased  non- 
commissioned off.cers  and  soldiers,  in  order  that  the 
same  may  be  secured  for,  and  paid  to  their  respec- 
tive representatives. 

Art.  96.  All  officers,  conductors,  gunners,  ma- 
trosses,  drivers,  or  other  persons  whatsoever,  receiv- 
ing pay,  or  hire,  in  the  service  of  the  artillery  or  corps 
of  engineers  of  the  United  States,  shall  be  governed 
by  the  aforesaid  rules  and  articles,  and  shall  be  sub- 
ject to  be  tried  by  courts  martial,  in  like  manner 
with  the  officers  and  soldiers  of  the  other  troops  in  the 
service  of  the  United  States. 

Art.  97.  The  officers  and  soldiers  of  any  troops 
whether  militia  or  others,  being  mustered  and  hi  pay 
of  the  United  States,  shall,  at  all  times,  and  in  all  pla- 
ces, when  joined,  or  acting  in  conjunction  with  the 
regular  forces  of  the  United  States,  be  governed  by 
these  rules  and  articles  of  war,  and  shall  be  subject 
to  be  tried  by  courts  martial  in  like  manner  with  the 
officers  and  soldiers  in  the  regular  forces,  save  only, 
that  such  courts  martial  shall  be  composed  entirely 
of  militia  officerg* 


u 

Art.  98.  All  officers,  serving  by  commission  (rotA 
I]  .e  authority  of  any  particular  state,  shall)  on  all  de- 
tachments, courts  martial,  or  other  duty,  wherein 
they  may  be  employed  in  conjunction  with  the  regular 
forces  of  the  United  States,  take  rank,  next  after  all 
officers  of  the  like  grade  in  said  regular  forces,  not* 
\vithstanding  the  commissions  of  such  militia  or  state 
officers  may  be  elder  than  the  commissions  of  the  of- 
ficers of  the  regular  forces  of  the  United  States. 

Art.  99.  All  crimes  not  capital,  and  all  disorders 
and  neglects  which  officers  and  soldiers  may  be  guil- 
ty of,  to  the  prejudice  of  good  order  and  military  dis^ 
cipline,  though  not  mentioned  in  the  foregoing  arti- 
cles of  war,  are  to  be  taken  cognizance  of  by  a  gene* 
ral  or  regimental  court  martial,  according  to  the  na- 
ture and  degree  of  the  offence,  and  be  punished  at 
their  discretion. 

Art.  100.  The  President  of  the  United  States, 
Ishall  have  power  to  prescribe  the  uniform  of  the 
army. 

Art.  101.  The  foregoing  articles  are  to  be  read 
and  published  once  in  every  six  months,  to  every  gar-^ 
rison,  regiment,  troop  or  company,  mustered  or  to  be 
mustered  in  the  service  of  the  United  States,  and  are 
10  be  duly  observed  and  obeyed,  by  all  officers  and 
soldiers  who  are  or  shall  be  in  said  service. 

Sec.  2.  ^nd  be  it  further  enacted^  That  in  time  of 
■Vi^ar,  all  persons  not  citizens  of,  or  owing  allegiance 
to  the  United  States  of  America,  who  shall  be  found 
lurking  as  spies,  in  or  about  the  fortifications  or  en* 
campments  of  the  armies  of  the  United  States,  or 
any  of  them,  shall  suffer  death,  according  to  the  law 
and  usage  of  nations,  by  sentence  of  a  general  court 
martial. 

Sec  3.  And  be  it  furflier  ertacied,  That  the  rules 
and  regulations,  by  which  the  armies  of  the  United 
States  have  heretofore  been  governed,  and  the  re- 
solves of  Congress  thereunto  annexed,  and  respect- 
ing the  same,  shall,  henceforth,  be  yoi^  and  of  no  ef^ 


37 


feet,  except  so  far  as  may  relate  to  any  transactions 
under  them,  prior  to  the  promulgation  of  this  act,  at 
the  several  posts  and  garrisons  respectively,  occupied 
by  any  part  of  the  army  of  the  United  Stales. 

NATHL.  MACON, 

Sfieaker  of  the  House  of  Rejirescntativesc 

S.  SMITH, 

Preside?it  of  the  Senate^  /iro  tetn/iore. 
April  10,  1806. 

Approved,  TH  :  JEFFERSON. 

REGIJ^ATIONS 

"Of  the  War  Department,  to  be  observed  in  the  allow- 
^  ance  of  barracks  or  quarters  to  the  officers  of  the 
^      army. 

To  a  major  general,  four  rooms  and  a  kitchen. 

To  a  brigadier  general,  three  rooms  and  a  kitchen. 

To  an  aid  de  camp,  one  room. 

To  the  adjutant   general  and   inspector  general, 
each,  three  rooms  and  a  kitchen. 

To  the  quarter  master  general,  three  rooms  and  a 
kitchen  ;  and  for  his  officers  and  clerks,  two  rooms. 

To  each  field  officer,  two  rooms  and  a  kitchen. 
To  a  hospital  surgeon,  the  same. 
To  the  adjutant  aiid  inspector,  in  addition  to  his  al- 
lowance as  a  field  officer,  one  room. 

To  each  captain,  one  room ;  when  commantiing  a 
separate  post,  in  addition,  a  kitchen. 

To  a  surgeon,  one  room. 

To  two  subalterns,  one  room. 

To  a  surgeon's  mate,  the  same  as  a  subaltern. 

To  a  subaltern,  when  commanding  a  sepa- ate  posCj 
in  addition,  a  kitchen. 

To  every   mess   of  eight  officers,  one  room  and  a 
kitchen. 

The  officer  highest  in  rank,  to  have  the  first  choice 
of  quarters. 

D 


SB 


The  foregoing  regulations  to  apply  respectively  to 
all  corps,  of  whatever  denomination,  belonging  to  the 
army  of  the  United  States. 

Regulaticns  to  be  observed  in  the  delivery  of  fuel  to 
garrisons  on  the  sea  board,  and  recruiting  parties ^ 
south  of  Virginia  and  Kentucky .,  from  the  first  day 
of  Oct-ober^  to  the  frst  day  of  April,  in  every  year. 

To  a  major  general,  three  cords  per  month. 

To  a  brigadier  general,  two  cords  and  a  half  per 
3fnonth. 

To  the  adjutant  general,  and  inspector  general, 
each,  two  cords  and  a  half  per  month. 

To  the  quarter  master  general,  two  cords  and  a 
half  per  month. 

To  the  adjutant  and  inspector,  two  cords  per 
month. 

To  each  field  officer,  one  and  a  half  cord  ;  and 
Hvhcn  commanding  a  garrison,  in  addition,  half  a  cord. 

To  each  captain,  one  cord ;  and  when  commanding 
a  garrison,  in  addition,  half  a  cord. 

To  each  subaltern,  one  cord  ;  and  when  command* 
ing  a  garrison,  in  addition,  half  a  cord. 

To  each  surgeon,  one  cord. 

To  a  surgeon's  mate,  one  cord. 

To  each  cadet,  half  a  cord. 

To  every  officer  commanding  a  recruiting  party, 
one  cord  of  wood  per  month  j  but  no  other  allowance 
of  fuel  as  an  officer  in  the  line. 

To  every  room  occupied  as  barracks  hy  eight  non- 
commissioned officers,  musicians  and  privates,  one 
cord  per  month. 

To  a  garrison  barrack  guard,  one  cord  per  month. 

To  thft  sick  in  hospital  the  allowance  of  wood  will 
be  regulated  by  the  commanding  officer  and  surgeon. 
Regulations  for  delivery  of  fad  north  of  Xorth'CarO' 

Una  and  Tennessee,  from  the  first  day  '^^  October,  (9 

the  first  day  of  April,  in  each  yc&r, 

¥q  a  major  general,  five  cords  per  month. 


3^ 


To  a  brigadier  general,  four  cords  per  month. 

To  the  quarter  master  general,  four  cords  per 
month. 

To  the  inspector  general,  four  cords. 

To  the  adjutant  general,  four  cords. 

To  each  field  officer,  two  cords  ;  and  when  com- 
manding a  garrison,  in  addition,  one  cord. 

To  the  adjutant  and  inspector,  three  cords. 

To  each  captain,  one  cord  and  a  half  and  when 
commanding  a  garrison,  in  addition,  one  cord. 

To  each  subaltern,  one  cord  and  one  third  ;  when 
commanding  a  garrison,  in  addition,  one  Cord. 

To  every  surgeon,  one  cord  and  a  half. 

To  each  surgeon's  mate,  one  cord  and  one  third. 

To  every  officer  commanding  a  recruiting  party, 
one  and  a  half  cord  per  month  ;  but  no  other  al- 
lowance of  fuel  as  an  officer  in  the  line. 

To  every  room  occupied  as  barracks  by  eight  non- 
commissioned officers,  musicians  and  privates,  one 
cord  and  a  half  per  month. 

To  a  garrison  barrack  guard,  one  cord  per  month ; 
and  if  the  weather  should  be  very  severe  it  may  be 
augmented  at  the  discretion  of  the  commanding  offi- 
cer, buc  not  beyond  one  cord  in  addition. 

To  the  sick  in  hospital,  the  allowance  of  wood  will 
be  regulated  by  the  commanding  officer  and  surgeon. 

Whenever  coal  can  be  procured,  the  officer  may, 
at  his  option,  receive  coal  in  proportion  to  the  cost  of 
the  wood,  in  lieu  thereof. 

To  officers  and  soldiers  half  of  the  aforesaid  al- 
lowances of  fuel,  from  the  1st  day  of  April  to  the  1st 
day  of  October,  in  every  year. 

'  No  compensation  in  money  to  be  made  in  lieu  of 
allowances  of  fuel,  nor  is  any  compensation  to  be  re- 
ceived by  or  paid  to  officers  in  lieu  of  quarters  or 
barracks. 

Distribution  of  straw. 

One  truss  of  straw,  weighing  thirty-six  pounds,  is 
allowed  for  each  pallias  for  two  men.    At  the  expira- 


40 


tion  of  sixteen  days,  each  palliass  is  to  be  refreshed 
with  eight  pounds.  At  the  expiration  of  thirty-two 
days  the  wiioie  straw  is  to  be  removed,  and  a  fresh 
bedding^of  one  truss  to  be  furnished  ;  and  so  on  every 
succeeding  period  of  sixteen  and  thirty-two  days. 

The  same  quantity  of  straw  is  allowed  for  servants, 
or  batmen,  not  soldiers,  or  for  washer-women,  at- 
tached to  each  company,  in  the  proportion  of  one 
Vr'ornan  to  every  seventeen  men,  non-commissioned 
officers  and  privates. 

The  straw  is  to  be  changed  for  the  sick  in  hospital 
as  often  as  may  be  deemed  necessary  ;  this  necessity 
to  be  determined  by  the  surgeon,  or  surgeon's  mate 
in  the  absence  of  the  surgeon. 

There  shall  be  allowed  to  every  two  men,  when  in 
barracks,  one  bed  sack,  to  be  returned  into  store  on 
the  men  being  ordered  away. 

Requisitions  for  fuel  and  straw. 

Requisitions  for  wood  or  straw  must  state  the  num- 
ber and  rank  of  the  officers,  the  number  of  the  non- 
commissioned officers  and  privates,  servants  and  bat- 
men not  soldiers,  and  of  Avasher-women,  for  whom 
demanded,  and  be  certified  by  the  commandant  of  the 
garrison,  or  recruiting  party. 

No  wood  or  straw  shall  be  drawn  for  officers,  or 
wood  or  straw  for  soldiers  whilst  on  furlough  ;  or  any 
.allowance  made  to  them  for  the  same. 

Whenever  it  shall  appear  that  more  wood  or  straw 
has  been  drawn  than  there  v/ere  officers,  soldiers,  ser- 
vants or  batmen  not  soldiers,  and  washer-women  ac- 
tually present  and  entitled  thereto,  the  commanding 
officer  signing  such  requisition  shall  be  held  respon- 
sible for  the  value  of  the  article  drawn  beyond  the 
quantity  allowed  by  these  regulations,  and  shall  have 
his  name,  and  the  circumstances  of  the  case,  reported 
to  the  secretary  of  the  department  of  war. 

Requisitions  thus  signed,  and  the  receipts  given  by 
the  officers  to  whom  the  articles  are  delivered  for 


41 


consumption,  shall  be  produced  as  vouchers  by  the 
military,  or  assistant  military  agent,  or  quarter  mas- 
ter, in  the  settlement  of  his  accounts. 

Regulations  respecting  certain  sufifilies  and  objects  of 
sfiecial  and  extra  expense. 

The  military  or  assistant  military  agent,  or  quarter 
master,  where  a  rendezvous  is  opened  in  his  vicinity 
for  the  recruiting  service,  shall  furnish  quarters, 
transportation  forage,  fuel,  stravs^,  kettles,  tin  pans 
and  stationary.  But  when  an  officer  is  not  within  a 
convenient  distance  of  the  agent,  above  mentioned, 
the  recruiting  officer  shall  supply  the  rendezvous 
with  quarters,  transportation,  forage,  fuel,  straw,  ket- 
tles, tin  pans  and  stationary  ;  governing  himself  as  to 
quantity  by  the  regulation  on  the  subject,  and  taking 
duplicate  receipts  of  every  article  of  expenditure. 

To  all  horses  in  actual  service,  there  shall  be  al- 
lowed as  forage  14  pounds  of  hay  and  12  quarts  of 
oats,  or,  in  lieu  of  the  oats,  8  quarts  of  corn. 

There  shall  be  allowed  one  four-horse  waggon  to 
each  company,  or  a  detachment  of  100  recruits,  for 
the  conveyance  of  the  officers'  baggage  and  all  other 
baggage  of  the  company  or  detachment.  There 
shall  be  allowed  to  every  six  men,  one  common  tent, 
one  iron  camp  kettle,  or  pot,  (of  four  gallons)  and 
two  tin  pans  j  and  to  each  company,  four  axes  and^ 
four  spades. 

As  often  as  any  matter  which  may  require  any  spe- 
cial or  extra  expense,  can  wait,  without  material  in- 
jury to  the  service,  for  a  communication  to,  and  the 
direction  of  the  secretary  of  war,  or  the  commander 
of  the  army,  or  of  a  military  district,  it  is  not  to  be 
undertaken  until  such  communications  and  directions 
shall  have  been  had. 

The  military  or  assistant  military  agent,  or  quar- 
ter master,  are  primarily  charged  with  making  the 
dbbursements  in  the  cases  above  mentioned  j  when 
D2 


42 


there  is  no  such  officer,  the  agent  of  the  tvar  de- 
partment shall  do  it.  All  orders  for  such  disburse- 
ments, must  be  definite  and  in  writing,  to  be  transmit* 
ted,  with  the  accounts  of  them,  to  the  accountant  of 
the  war  department :  and  all  disbursements  made  in 
pursuance  of  these  regulations,  must  be  substantia- 
ted by  such  vouchers  as  shall  be  prescribed  by  tlic 
«aid  accountant. 

The  foil  Giving  rates  are  to  govern  in  the  alloivances  to 
officers  for  the  transfiortation  of  their  baggage^  nvhen 
ordered  on  distant  ccinmands  : 

To  a  major  general,  1250  Ibs^. 

at  8  2  per  100  lbs.  per  100  miles. 
Wo  a  brigadier  general,  adjutant  general, 
inspector  general,  or  quarter  master 
general,  1000 

To  a  colonel,  750 

To  a  hospital  surgeon,  750 

*ro  a  lieutenant  coloneJj  600 

To  a  major,  500 

To  a  captain,  400 

To  a  surgeon,  400 

To  a  subaltern,  300 

To  a  surgeon's  mate,  300 

I'oacsdet,  200 

The  most  direct  f^ost^route  will  regulate  the  dis- 
•£ance,  for  the  amount  of  transportation,  whether  per- 
•fortned  by  land  or  v/ater,  unless  public  transportation 
is  furnished. 

To  every  officer  ordered  on  general  courts  martial, 
or  temporary  commands,  or  on  other  duties  on  the 
flea  board  or  in  the  Atlantic  states,  there  will  be  al- 
lowed kim,  if  he  so  elect,  in  lieu  of  the  transporta- 
tion of  his  baggage,  his  stage  hire.  It  must  be  un- 
derstood that  no  delay  is  to  be  made  on  the  road. 
Either  receipts  from  the  stage  offices,  or  certificates 
on  honor  of  the  perforcaance  of  the  duty,  must  he 
produced. 


43 


A  further  allowance  to  officers  ordered  on  general 
courts  martial  and  temporary  command,  or  other 
duty,  of  one  dollar  and  twenty-five  cents  per  day  to 
officers  who  are  not  entitled  to  forage,  and  one  dol- 
lar per  day  to  such  as  shall  be  entitled  to  forage, 
agreeably  to  the  twenty-second  section  of  the  act 
fixing  the  military  peace  establishment.  As  a  vouch- 
er for  the  number  of  days  an  officer  did  sit  on  a  gene- 
ral court  martial,  he  must  produce  the  certificate  of 
the  president,  or  judge  advocate  of  the  court. 

Ordinance  regulating  and  ascertaining'  the  quantitiea 
of  stationarij  which  each  officer  serving  in  the  army 
of  the  United  States  shall  be  entitled  to  receive  an- 
nually. 

To  every  officer  commanding  a  separate  post,  the 
garrison  of  which  shall  consist  of  no  more  than  two 
companies,  twelve  quires  of  writing  paper,  and  one 
blank  book  of  one  quire  of  paper. 

To  evtry  officer  commanding  a  separate  post,  the 
garrison  of  which  shall  consist  of  more  than  two, 
and  not  more  than  five  companies,  twenty-four  quires 
of  paper,  and  a  blank  book  containing  two  quires  of 
paper. 

To  a  major  general,  thirty-six  quires  of  paper,  and 
three  blank  books,  each  of  three  quires. 

To  a  brigadier  general,  twenty-four  quires  of  pa- 
per, and  two  blank  books,  each  of  three  quires. 

To  the  quarter  master  general,  adjutant  general, 
inspector  general,  and  adjutant  and  inspector  of  the 
army,  each,  the  stationary  necessary  in  their  respec- 
tive departments. 

To  a  colonel  eighteen  quires  of  paper,  and  a  blank 
book  of  three  quires. 

To  a  lieutenant  colonel,  twelve  quires  of  paper, 
and  a  blank  book  of  two  quires. 

For  the  use  of  every  military  company,  whether  in 
garrison  or  otherwise,  twelve  quires  of  paper,  and  a 
tiank  book  containing  two  quires  of  paper. 


44 


For  the  use  of  every  other  commissioned  officer  iii 
the  army  of  the  United  States,  two  quires  of  letter 
paper,  with  a  proportionate  allowance  of  ink,  quills 
and  wafers. 

For  the  use  of  the  assistant  military  agent  or  quar- 
ter master,  at  every  separate  post,  one  blank  book 
containing  two  quires  of  paper. 

For  the  use  of  every  officer,  and  garrison,  a  propor- 
tion of  other  stationary,  at  the  rate  of  a  dozen  quills 
and  as  many  wafers  to  each  quire  of  paper ;  and  a 
paper  of  ink-powder  to  each  six  quires. 

Regulations  resfiecting  extra  pay  and  allowance  to 
soldiei'Sy  nvhen  ordered  on  constant  labor  for  a  term 
7iot  less  than  ten  days. 

The  non-commissioned  officers  and  privates,  who 
2"nay  be  drawn  as  artificers  to  work  constantly  on  for- 
tifications, bridges,  barracks,  roads,  or  other  public 
works,  for  a  term  not  less  than  ten  days,  Sundays  ex- 
cepted, shall  be  allowed,  for  each  day's  actual  labor, 
fourteen  cents  and  one  gill  of  spirits  each,  in  addition 
to  their  pay  and  rations. 

Other  non-commissioned  officers  and  privates,  not 
artificers,  who  shall  be  drawn  for  constant  labor  on 
fortifications,  roads,  bridges,  barracks,  or  other  pub- 
lic works,  for  a  term  not  less  than  ten  days,  Sundays 
excepted,  shall  be  allowed  for  each  day's  actual  labor, 
ten  cents  and  one  gill  of  spirits  each,  in  addition  to 
their  pay  and  rations. 

It  shall  be  the  duty  of  the  officer  commanding  any- 
such  working  party,  to  have  a  regular  account  kept, 
under  his  inspection,  of  every  day's  work  performed 
by  each  non-commissioned  officer  or  private  ;  and  to 
transmit  or  deliver,  monthly,  a  fair  copy  thereof  to 
the  military  or  assistant  military  agent  of  the  district 
or  post  in  which  the  labor  may  be  performed  ;  which 
military  or  assistant  military  agent  will  pay,  from  tlie 
money  in  his  hands,  or  will  draw  the  money  on  the 
said  abstracts,  and  pay  the  non-commissioned  officers 
^nd  privates  conformably  Herewith. 


45 


It  is  to  be  understood,  that  the  extra  dally  pay  and 
allowance  is  only  to  be  given  for  actual  days'  work^ 
and  not  to  be  granted  when  from  sickness,  or  other 
causes,  the  work  shall  not  actually  be  performed. 

Regulations  resfiecting  the  employmeiii  of  fihysiciang. 

In  future,  no  surgeon,  surgeon's  mate  or  physician, 
not  holding  an  appointment  in  the  army  of  the  United 
States,  is  to  be  employed  on  public  account,  by  any 
officer  or  other  person  whatever,  to  act  in  the  capacity 
of  surgeon,  or  surgeon's  mate,  or  physician,  for  any 
man  or  men  attached  to  the  army,  unless  by  special 
agreement  first  entered  into,  in  which  the  compensa- 
tion for  medical  service  to  be  performed,  shall  be 
stipulated  in  writing,  either  by  the  day  or  month. 

When  the  services  required  shall  be  such  as  not  to 
exceed  the  usual  duties,  of  a  surgeon's  mate,  the  com- 
pensation per  month  shall  not  exceed  the  pay  and 
emoluments  of  a  surgeon's  mate. 

For  any  number  of  men  not  exceeding  thirty,  the 
compensation  should  not  exceed  the  rate  of  three 
hundred  dollars  a  year  inclusive  of  medicine. 

In  no  instance,  (extraordinary  cases  excepted) 
should  the  compensation  for  medical  assistance,  for  a 
shorter  period  than  one  month,  exceed  the  rate  of  four 
dollars  per  day,  exclusive  of  medicine.  Charges  for 
medical  services,  will  require  certificates  of  their 
having  been  performed  agreeably  thereto. 

Regulations  resfiecting  returns  of  clothing. 

It  shall  be  the  duty  of  the  commanding  officers  of 
companies  to  make  out  in  December,  in  each  year, 
correct  returns  for  the  clothing  necessary  for  their 
respective  companies  for  the  succeeding  year,  includ- 
ing what  is  on  hand  fit  for  service  ;  also,  correct  re- 
turns of  all  clothing  on  hand,  noting  such  as  is  fit  for 
use.  The  said  returns  to  be  forwarded,  annually  by 
the  first  day  of  January,  to  the  department  of  A\^arj 


46 


through  the  commanding  officer  of  the  military  post 
garrison  or  encampment,  at  which  the  officer,  making 
the  return,  is  stationed.  The  commanding  officer 
of  companies  shall  be  responsible  for  the  correctnes; 
of  their  respective  returns. 

Regulations  resjiectin^  salutes. 

The  national  salute  shall  be  conformable  to  th' 
number  of  states  recognized  by  congress,  now  eigh 
teen. 

A  national  salute  shall  be  fired  on  a  visit  to  the  pos 
from  the  President  of  the  United  States,  on  his  land 
ing  and  leaving,  and  to  no  other  person. 

Fifteen  guns  shall  be  fired  on  a  visit  from  the  vice 
president,  the  governor  of  a  state,  (not  a  territory, 
the  secretary  of  war,  secretary  of  the  Ravy,  a  com 
mittee  of  congress^  or  a  major  general  of  the  arm 
on  their  landing  ;  and  thirteen  guns  may  be  fired  to 
general  officer  when  inspecting  the  posts  of  his  dis 
trict ;  no  other  rank  in  the  army  shall  be  entitled  t 
a  salute.  Previous  notice  must  be  given  to  the  com 
manding  officer  of  the  post  for  the  salute  to  be  firec 

No  salutes  shall  be  fired  to  foreign  ships  or  vessel 
of  war  but  in  return,  and  in  every  case  their  salut 
shall  be  returned  gun  for  gun,  notice  being  given. 

No  salutes  shall  be  fired  to  public  armed  vessels  ( 
the  United  States  under  the  rate  of  a  frigate,  and  the 
only  In  return,  the  same  number  of  guns,  notice  be 
ing  given. 

Each  military  post  on  the  sea  board  will  fire,  i 
sun  rise,  on  the  morning  of  the  fourth  of  July,  a  salut 
of  thirteen  guns,  emblematical  of  the  thirteen  state; 
which  were  declared  independent ;  and  at  one  o'cloc 
of  the  same  day,  a  national  salute  will  be  fired  fror 
all  the  military  posts  and  forts  in  the  United  State: 

Salutes  from  the  forts  at  the  several  posts  and  i 
the  harbors  shall,  as  a  general  rule,  be  from  six  t 
twelve  pounders,  and  of  no  higher  caliber. 

A  gun,  not  exceeding  a  six  pounder,  may  be  fire> 
9X  day  light,  each  morning,  at  the  following  posts,  viz 


47 


Fort  Preble,  Portland;  Fort  Constitution,  Ports- 
mouth, New-Hampshire ;  Fort  Independence,  Bos- 
ton harbor ;  Fort  Wolcott,  Rhode-Island  ;  Fort  Co- 
lumbus, New -York;  Fort  Mifflin,  Delaware;  Fort 
M'Hcnry,  Baltimore ;  Fort  Nelson,  Norfolk ;  Fort 
Johnson,  South-Carolina ;  and  Fort  St.  Charles,  New- 
Orleans. 

Rules  adopted  by  the  President  of  the  United  States^ 
resfiecting  firomotions  in  the  army. 

Promotions  in  the  army  of  the  United  States  shall 
)iereafter  be  made  agreeably  to  the  regulations  in 
force  previous  to  those  of  the  3d  of  September,  1799, 
which  were  promulgated  in  general  orders,  dated  9th 
of  that  month. 

Promotions  to  the  rank  of  captain  shall  be  made  rc- 
gimentally ;  and  to  the  rank  of  colonel,  in  the  lines  of 
artillery  and  infantry,  respectively  ;  the  three  differ- 
ent establishnments  being  kept  distinct. 

The  officer  next  in  rank  will,  on  the  happening  of 
0,  vacancy*  be  considered,  in  ordinary  cases,  as  the 
proper  person  to  fill  the  same  ;  but  this  rule  may  be 
subject  to  exceptions  in  extraordinary  cases. 

The  above  rules  for  promotions  in  the  infantry  and 
artillery,  are  applicable  to  the  cavalry  and  riflemen. 

No  officer  will  consider  himself  as  filling  a  vacan- 
cy, until  he  receives  notice  thereof  through  the  de- 
partment of  war. 

ADJUTANT  GENERAL'S  OFFICE, 

Washing't07iy  May  4,  1812. 
RegulatiorCof  the  duties  of  the  general  staff. 

THE  duties  of  the  general  staff  are  distributed  a- 
mong  the  inspector  general,  the  adjutant  general,  the 
quarter  m.aster  general,  the  superior  officer  of  artille* 
ry,  the  superior  officer  of  engineers,  and  the  superior 
surgeon  of  the  army. 


48 


tt  ^vlll  be  the  duty  of  the  inspector  general  to  orga« 
nize  the  army ;  to  supermtend  and  enforce  discipline  j 
to  visit  and  inspect  camps,  cantonments,  quarters, 
prisons,  places  of  arms,  and  hospitals ;  to  make  stat- 
ed and  unexpected  inspections  of  troops,  arms,  equi- 
page, clothing,  ammunition,  and  horses  ;  to  make  in* 
spection  returns,  and  confidential  reports  relative  to 
the  state  and  discipline  of  the  army  ;  to  designate  men 
and  horses  unfit  for  service,  or  the  fatigues  of  v»^ar. 
that  the  former  may  be  discharged,  or  sent  to  garri- 
sons, and  the  latter  sold  ;  to  examine  the  books  of  the 
quarter  masters,  pay  masters,  and  companies,  and 
ascertain  the  balances  ;  to  receive  inspection  returns 
and  confidential  reports ;  and  to  prescribe  forms  of 
returns  exhibiting  all  the  wants  of  the  army. 

It  will  be  the  duty  of  the  adjutant  general  to  form 
all  orders  given  by  the  commanding  general  in  a 
perspicuous  manner  ;  to  forward  them  with  despatch ; 
to  publish  the  decisions  on  the  sentences  of  general 
courts  martial ;  to  make  out  all  details  for  the  distri- 
bution of  service,  equally,  between  the  different  corps 
of  the  army;  to  receive  the  daily  and  monthly  re- 
turns, and  lay  abstracts  before  the  commanding  gene- 
ral ;  to  draw  up  instructions  ;  to  furnish  watch- 
words ;  to  give  form  to  the  correspondence  with 
the  secretary  of  war,  generals,  and  staff  officers  ;  to 
receive  all  applications  for  furloughs,  and  other  par- 
ticular requests  ;  to  correspond  with  relations  of  sol- 
diers ;  to  preserve  orders,  instructions,  printed  docu- 
ments, and  letters ;  to  make  the  monthly  return  oJ 
the  army;  and  to  prescribe  forms  of  the"  returns  ex^ 
hibiting  the  strength  of  corps. 

It  will  be  the  duty  of  the  quarter  master  general  tc 
purchase  military  stores,  camp  equipage,  and  other 
articles  requisite  for  the  troops,  when  thereto  direct- 
ed by  the  secretary  at  war ;  to  procure  and  provide 
means  of  transport  for  the  army,  its  stores,  artillery, 
and  camp  equipage  ;  to  ensure  a  supply  of  provis- 
ions, and  a  regular  distribution  thereof  to  the  troops  j 


49 


tb  provide  artificers  aud  laborers  for  the  public 
works  ;  to  direct  marches,  and  the  laying  out  of  en- 
campments ;  to  regulate  foraging  ;  to  procure  intel- 
ligence, and  make  secret  disbursements  to  spies  and 
guides ;  to  license  and  regulate  suttlers  at  head  quar- 
ters ;  to  make  all  disbursements  for  the  public  ser- 
vice ;  and  when  the  army  goes  into  quarters,  he  dis- 
tributes them,  so  that  every  officer  may  be  convenient 
to  his  command,  and  that  the  highest  rank  may  have 
the  choice  of  quarters. 

The  superior  officer  of  artillery  will  be  charged 
with  whatsoever  relates  to  the  artillery,  the  park, 
laboratory,  tools,  and  ammunition. 

The  superior  officer  of  engineers  will  be  charged 
with  the  department  of  topography  ;  to  draw  plans 
of  all  kinds  ;  to  trace  routes ;  to  direct  the  formation  of 
roads  and  bridges ;  to  direct  the  erection  of  fortifica- 
tions and  public  works  ;  to  keep  a  roll  of  the  laborers 
employed  ;  to  superintend  the  trenches  at  sieges  ;  to 
select  the  posts  which  are  to  cover  and  protect  the 
camp  ;  and  to  make  such  professional  reports  and 
estimates  as  may  be  required  by  the  commanding 
general. 

The  superior  surgeon  of  the  army  is  charged  with 
what  relates  to  the  preservation  of  its  health  ;  to  en- 
sure the  necessary  supply  of  medicines  and  instru- 
ments ;  to  establish  stationary  and  moveable  hospi- 
tals ;  and  to  have  all  things  necessary  for  the  wound- 
ed in  complete  readiness. 

It  will  be  the  duty  of  each  principal  officer  of  the 
staff;  to  accompany  the  commanding  general  in  his 
reconnoitering  excursions,  circuits,  and  reviews  ;  and 
in  action,  he  shall  be  attended  by  the  inspector  gene- 
ral, adjutant  general,  and  quartermaster  general,  who 
shall  execute  such  orders  as  may  be  given  to  them» 

By  command  of  the  Secretary  of  War, 

ALEX.  MACOMB,  Acting  Adjutant  Generate 

E 


MILITAHY   LA.WS. 


An  ACT  Jixing  the  Military  Peace  Establishment  of 
the  United  States. 

Sec.  \.BEit  enacted  by  the  Senate  and  House  of  Refi' 
resentatives  of  the  United  States  of  America  in  Congress 
assembled^  That  the  military  peace  establishment  of 
the  United  Sates,  from  and  after  the  first  of  June  next, 
shall  be  composed  of  one  regiment  of  artillerists  and 
two  regiments  of  infantry,  with  such  officers,  military 
agents,  and  engineers,  as  are  hereinafter  mentioned. 

Sec.  2.  And  be  it  further  enacted,  That  the  regiment 
of  artillerists  shall  consist  of  one  colonel,  one  lieuten- 
ant colonel,  four  majors,  one  adjutant,  and  twenty  com- 
panies, each  company  to  consist  of  one  captain,  one  first 
lieutenant,  one  second  lieutenant,  two  cadets,  four  ser- 
geants, four  corporals,  four  musicians,  eight  artificers 
and  fifty-six  privates ;  to  be  formed  into  five  battal- 
ions :  Provided  always,  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  retain,  with  their 
present  grade,  as  many  of  the  first  lieutenants,  now  in 
service,  as  shall  amount  to  the  whole  number  of  lieu- 
tenants required  ;  but  that  in  proportion  as  vacancies 
happen  therein*  new  appointments  be  made  to  the 
grade  of  second  lieutenants  until  their  number  amount 
to  twenty  ;  and  each  regiment  of  infantry  shall  consist 
of  one  colonel,  one  lieutenant  colonel,  one  major,  one 
adjutant,  one  sergeant  major,  two  teachers  of  musi.c, 
and  ten  companies ;  each  company  to  consist  of  one 
captain,  one  first  and  one  second  lieutenant,  one  en- 
sign, four  sergeants,  four  corporals,  four  musicians, 
and  sixty-four  privates. 

Sec.  3.  And  be  it  further  enacted,  That  there  shall 
be  one  brigadier  general,  with  one  aid  de  camp,  who 
shall  be  taken  from  the  captains  or  subalterns  of  the 
line  ;  one  adjutant  and  inspector  of  the  army,  to  be 
taken  from  the  line  of  field  officers ;  one  pay  master  of 
the  army,  seven  pay  masters  and  two  assistants,  to  be 
attached  to  such  districts  as  the  President  of  the  United 
States  shall  direct,  to  be  taken  from  the  line  of  com- 


51 


missioned  officers,  who,  in  addition  to  their  other  du- 
ties, shall  have  charge  of  the  clothing  of  the  troops  ; 
three  military  agents,  and  such  number  of  assistant 
military  agents  as  the  President  of  the  United  States 
shall  deem  expedient,  not  exceeding  one  to  each  tnili* 
tary  post  which  assistants  shall  be  taken  from  the  line ; 
two  surgeons,  twenty-five  surgeon's  mates,  to  be  at- 
tached to  garrisons  or  posts,  and  not  to  corps. 

Sec.  4.  And  be  it  further  enacted.  That  the  monthly- 
pay  of  the  officers,  non-commisBioned  officers,  musi* 
cians  and  privates,  be  as  follows,  to  wit :  to  the  briga- 
dier general,  two  hundred  and  twenty-five  dollars, 
which  shall  be  his  full  and  entire  compensation,  with- 
out a  right  to  demand  or  receive  any  rations,  forage, 
travelling  expenses,  or  other  perquisite  or  emolument 
whatsoever,  except  such  stationary  as  may  be  requisite 
for  the  use  of  his  department ;  to  the  adjutant  and  in- 
spector of  the  army,  thirty-eight  dollars  in  addition  to 
his  pay  in  the  line,  and  such  stationary  as  shall  be  re- 
quisite for  his  department ;  to  the  pay  master  of  the 
army,  one  hundred  and  twenty  dollars,  without  any  oth- 
er emolument,  except  such  stationary  as  may  be  re- 
quisite in  his  department,  and  the  use  of  the  public  office 
now  occupied  by  him ;  to  the  aid  de  camp,  in  addition 
to  his  pay  in  the  line,  thirty  dollars ;  to  each  pay  master 
attached  to  districts,  thirty  dollars,  and  each  assistant 
to  such  pay  master,  ten  dollars,  in  addition  to  his  pay 
in  the  line ;  to  each  military  agent,  seventy-six  dol- 
lars, and  no  other  emolument ;  to  each  assistant  mili- 
tary agent,  eight  dollars,  in  addition  to  his  pay  in  the 
line,  except  the  assistant  military  agents  at  Pittsburgh 
and  Niagara,  who  shall  receive  sixteen  dollars  each, 
in  addition  to  their  pay  in  the  line  ;  to  each  colonel, 
seventy-five  dollars  ;  to  each  lieutenant  colonel,  six- 
ty dollars  ;  to  each  major,  fifty  dollars  ;  to  each  sur- 
geon, forty-five  dollars ;  to  each  surgeon's  mate,  thirty 
dollars  ;  to  each  adjutant,  ten  dollars, in  addition  to  his 
pay  in  the  line  ;  to  each  captain,  forty  dollars  ;  to  each 
first  lieutenant)  thirty  dollars  5  to  each  second  lieuten- 


52 


ant,  twenty-five  dollars ;  to  each  ensign,  twenty  dollars  ; 
fo  eachcadet,ten  dollars;  to  each  sergeant-major,  nine 
dollars ;  to  each  sergeant,  eight  dollars  ;  to  each  corpo- 
ral, seven  dollars  ;  to  each  teacher  of  music,  eight  dol- 
lars ;  to  each  musician,  six  dollars  ;  to  each  artificer, 
ten  dollars;  and  to  each  private,  five  dollars. 

Sec.  5.  And  be  it  further  enacted^  That  the  commis- 
sioned officers  aforesaid  shall  be  entitled  to  receive  for 
their  daily  subsistence,  the  following  number  of  rations 
of  provisions  :  a  colonel,  six  rations  ;  a  lieutenant  colo- 
nel, five  rations  ;  a  major,  four  rations  ;  a  captain,  three 
rations  ;  a  lieutenant,  two  rations  ;  an  ensign,  two  ra- 
tions ;  a  surgeon,  three  rations  ;  a  surgeon's  mate,  two 
rations  ;  a  cadet,  two  rations,  or  money  in  lieu  thereof, 
at  the  option  of  the  said  officers  and  cadets  at  the  posts 
respectively  where  the  rations  shall  become  due  ;  and 
if  at  such  post  supplies  are  not  furnished  by  contract, 
then  such  allowance  as  shall  be  deemed  equitable,  hav- 
ing reference  to  former  contracts,  and  the  position  of 
the  place  in  question ;  and  each  non-commissioned  of- 
ficer, musician  and  private,  one  ration  ;  to  the  comman- 
ding officers  of  each  separate  post,  such  additional  num- 
ber of  rations,  as  the  President  of  the  United  States 
shall,  from  time  to  time  direct,  having  respect  to  the 
special  circumstances  of  each  post ;  to  the  w_omen  who 
xnay  be  allowed  to  any  particular  corps,  not  exceed- 
ing the  proportion  of  four  to  a  company,  one  ration 
each  ;  to  such  matrons  and  nurses  as  may  be  neces- 
sarily employed  in  the  hospital,  one  ration  each  ;  and 
to  every  commissioned  officer  who  shall  keep  one 
servant,  not  a  soldier  of  the  line,  one  additional  ration. 

Sec.  6.  A7id  be  it  further  enacted,  That  each  ration 
shall  consist  of  one  pound  and  a  quarter  of  beef,  or 
three  quarters  of  a  pound  of  pork,  eighteen  ounces  of 
bread  or  flour,  one  gill  of  rum,  whiskey,  or  brandy, 
and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vin- 
egar, four  pounds  of  soap,  and  one  pound  and  a  half 
of  candles,  to  every  hundred  rations. 

Sec.  7.  And  be  it  further  enoftedy  That  the  following 


$3 

•  •  •  • 

officers  shall,  whenever  forage  is  not  furnished  by  the 
public,  receive  at  the  rate  of  the  following  sums  per 
month,  in  lieu  thereof  ;  each  colonel,  twelve  dollars  ; 
each  lieutenant  colonel,  eleven  dollars  ;  each  major, 
ten  dollars  ;  each  adjutant,  six  dollars ;  each  surgeon, 
ten  dollars;  each  surgeon's  mate,  six  dollars. 

Sec.  8.  And  be  it  further  enacted^  That  every  non- 
commissioned officer,  musician,  and  private,  of  the  ar- 
tillery and  infantry,  shall  receive  annually  the  following 
articles  of  uniform  clothing,  to  wit  :  one  hat,  one  coat, 
one  vest,  two  pair  of  woollen  and  two  pair  linen 
overalls,  one  coarse  linen  frock  and  trowsers  for  fa- 
tigue clothing,  four  pair  of  shoes,  four  shirts,  two  pair 
of  socks,  two  pair  of  short  stockings,  one  blanket,  one 
-Slock  and  clasp,  and  one  pair  of  half  gaiters  ;  and  the 
secretary  of  war  is  hereby  authorized  to  cause  to  be 
furnished  to  the  pay  masters  of  the  respective  districts, 
such  surplus  of  clothing  as  he  may  deem  expedient, 
which  clothing,  shall  under  his  direction,  be  furnished 
to  the  soldiefs,  when  necessary,  at  the  contract  prices, 
and  accounted  for  by  them  out  of  their  arrears  of 
monthly  pay. 

Sec.  9.  And  be  it  further  enacted.  That  the  President 
of  the  United  States  cause  to  be  arranged,  the  officers, 
non-commissioned  officeTs,  musicians  and  privates  of 
the  several  corps  of  troops  now  in  the  service  of  the 
United  States,  in  such  manner  as  to  form  and  com- 
plete, out  of  the  same,  the  corps  aforesaid  ;  and  cause 
the  supernumerary  officers,  non-commissioned  officers, 
musicians  and  privates,  to  be  discharged  from  the  ser- 
vice of  the  United  States,  from  and  after  the  first  day 
of  April  next,  or  as  soon  thereafter  as  circumstances 
may  permit. 

Sec.  10.  And  be  it  further  enacted,  That  the  officers, 
non-commissioned  officers,  musicians  and  privates  of 
the  said  corps,  shall  be  governed  by  the  rules  and  ar- 
ticles of  war,  which  have  been  established  by  the  Uni- 
ted States  in  congress  assembled,  or  by  such  rules  and 
'articles  as  may  be  hereafter  by  law  established  :  Pre- 
E2 


54 


.Tided  nevertheless^  That  the  sentence  of  general  courts 
martial,  extendmg  to  the  loss  of  life,  the  dismission  oi:* 
a  commissioned  officer,  or  which  shall  respect  the  gen- 
eral officer,  shall,  with  the  whole  of  the  proceedings  of 
such  cases,  respectively,  be  laid  before  the  President  of 
the  United  States,  who  is  hereby  authorized  to  direct 
the  same  to  be  carried  into  execution,  or  otherwise,  as 
he  shall  judge  proper. 

Sec.  1 1 .  ^nd  be  it  further  enacted^  That  the  com- 
missioned officers  who  shall  be  employed  in  the  re- 
cruiting service,  to  J^eep  up,  by  voluntary  enlistment, 
the  corps  as  aforesaid,  shall  be  entitled  to  receive,  for 
every  effective  able  bodied  citizen  of  the  United  States, 
who  shall  be  duly  enlisted  by  him  for  the  term  of  five 
years,  and  mustered,  of  at  least  five  feet  six  inches  high> 
and  between  the  ages  of  eighteen  and  thirty-five  years, 
the  sum  of  two  dollars  :  Provided  nevertheless^  That 
this  regulation,  so  far  as  respects  the  height  and  age  of 
the  recruit  shall  not  extend  to  musicians,  or  to  those 
soldiers  who  may  re-enlist  into  the  service  :  And  firo- 
vided  alsOf  That  no  person  under  the  age  of  twenty- 
one  years  shall  be  enlisted  by  any  officer,  or  held  in 
the  service  of  the  United  States,  without  the  consent  of 
his  parent,  guardian,  or  master,  first  had  and  obtained, 
if  any  he  have  «  and  if  any  officer  shall  enlist  any  per- 
son contrary  to  the  true  intent  and  meaning  of  this  act, 
for  every  such  offence,  he  shall  forfeit  and  pay  the  a- 
mount  of  the  bounty  and  clothing  which  the  person  so 
recruited  may  have  received  from  the  public,  to  be  de- 
ducted out  of  the  pay  and  emoluments  of  such  officer. 

Sec.  12,  Afid  be  it  further  enacted^  That  there  shall 
be  allowed  and  paid  to  each  effective  able  bodied  citi- 
zen, recruited  as  aforesaid,  to  serve  for  the  term  of  five 
years,  a  bounty  of  twelve  dollars  ;  but  the  payment  of 
six  dollars  of  the  said  bounty,  shall  be  deferred  until  he 
shall  be  mustered,  and  have  joined  the  corps  in  which 
tie  is  to  serve. 

Sec.  13.  And  be  it  further  enacted^  That  the  said 
corps  shall  be  paid  in  such  manner,  that  th«  arrears 


55 


shall,  at  no  time,  exceed  two  months,  unless  the  cir- 
cumstances of  the  case  shall  render  it  unavoidable. 

Sec.  14.  And  be  it  further  enacted^  That  if  any  of- 
ficer, non-commissioned  officer,  musician,  or  private, 
in  the  corps  composing  the  peace  establishment,  shall 
be  disabled  by  wounds  or  otherwise,  while  in  the  line 
of  his  duty  in  public  service,  he  shall  be  placed  on  the 
list  of  invalids  of  the  United  States,  at  such  rate  of 
pay  and  under  such  regulations,  as  may  be  directed  by 
the  President  of  the  United  States  for  the  time  being : 
Provided  always^  That  the  compensation  to  be  allowed 
for  such  wounds  or  disabilities,  to  a  commissioned  of- 
ficer, shall  not  exceed  for  the  highest  rate  of  disabil- 
ity half  the  monthly  pay  of  such  officer  at  the  time  of 
his  being  disabled  or  wounded ;  and  that  no  officer 
shall  receive  more  than  the  half  pay  of  a  lieutenant  co- 
lonel ;  and  that  the  rate  of  compensation  to  non-com- 
missioned officers,  musicians  and  privates,  shall  not 
exceed  five  dollars  per  month :  And  provided  also, 
That  all  inferior  disabilities  shall  entitle  the  person  so 
disabled  to  receive  an  allowance  proportionate  to  the 
highest  disability. 

Sec.  15.  A-nd  be  it  further  enacted^  That  if  any  com- 
missioned officer  in  the  military  peace  establishment 
of  the  United  States  shall,  while  in  the  service  of  the 
United  States,  die,  by  reason  of  any  wound  received  in 
actual  service  of  the  United  States,  and  leave  a  widow, 
or  if  no  widow,  a  child  or  children  under  sixteen  years 
of  age,  such  widovr,  or  if  no  widov/,  such  child  or  chil- 
dren shall  be  entitled  to  and  receive  half  the  monthly 
pay  to  which  the  deceased  was  entitled  at  the  time  of 
his  death,  for  and  during  the  term  of  five  yeaH.  But 
in  case  of  the  death  or  intermarriage  of  such  widow 
before  the  expiration  of  the  said  term  of  five  years, 
the  half  pay,  for  the  remainder  of  the  time,  shall  go  to 
the  child  or  children  of  such  deceased  officer  ;  Pro' 
-vided  always^  That  such  half  pay  shall  cease  on  the 
decease  of  such  child  or  children^ 

See.   16,  And  be  it  further  enacted^  That  tlie  pay 


B6 


master  shall  perform  the  duties  of  his  office,  agreeably 
to  the  direction  of  the  President  of  the  United  States, 
for  the  time  being  ;  and  before  he  enters  on  the  duties 
of  the  same,  shall  give  bonds,  with  good  and  sufficient 
sureties,  in  such  sums  as  the  President  shall  direct,  for 
the  faithful  discharge  of  his  said  office  ;  and  shall  take 
an  oath  to  execute  the  duties  thereof  with  fidelity  :  and 
it  shall,  moreover,  be  his  duty  to  appoint  from  the  line, 
with  the  approbation  of  the  President  of  the  United 
States,  the  several  pay  masters  to  districts,  and  assist- 
ants, prescribed  by  this  act ;  and  he  is  hereby  author- 
ized to  require  the  said  pay  masters  to  districts,  and 
assistants,  to  enter  into  bond,  with  good  and  sufficient 
surety,  for  the  faithful  discharge  of  their  respective 
duties. 

Sec.  17.  And  be  it  further  enacted,  That  it  shall  be 
the  duty  of  the  military  agents  designated  by  this  act, 
to  purchase,  receive  and  forward  to  their  proper  des- 
tination, all  military  stores  and  other  articles  for  the 
troops  in  their  respective  departments,  and  all  goods 
and  annuities  for  the  Indians,  which  they  maybe  direct- 
ed topurchase,or  which  shall  be  ordered  into  their  care 
by  the  department  of  war.  They  shall  account  with 
the  department  of  war,  annually,  for  all  the  public  pro- 
perty which  may  pass  through  their  hands,  and  all  the 
iTionies  which  they  may  expend  in  discharge  of  the 
duties  of  their  offices,  respectively  :  previous  to  their 
entering  on  the  duties  of  their  offices,  they  shall  give 
bonds,  with  sufficient  sureties,  in  such  sums  as  the 
President  of  the  United  States  shall  direct,  for  the 
faithful  discharge  of  the  trust  reposed  in  them  ;  and 
shall  take  an  oath  faithfully  to  perform  the  duties  of 
their  respective  offices. 

Sec.  18.  And  be  it  further  enacted.^  That  if  any  non- 
commissioned officer,  musician,  or  private,  shall  desert 
the  service  of  the  United  States,  he  shall,  in  addition  to 
the  penalties  mentioned  in  the  rules  and  articles  of 
war,  be  liable  to  serve  for  and  during  such  a  period,  as 
shall,  with  the  time  he  may  have  served  previous  to  his 


57 

desertion,  amount  to  the  full  term  of  his  enlistment ; 
and  such  soldier  shall  and  may  be  tried,  by  a  court 
martial,  and  punished,. although  the  term  of  his  en- 
listment may  have  elapsed  previous  to  his  being  ap- 
prehended or  tried. 

Sec.  \9.  And  be  it  further  enacted^  That  every  per- 
son who  shall  procure  or  entice  a  soldier  in  the  service 
of  the  United  States,  to  desert ;  or  who  shall  pur- 
chase from  any  soldier,  his  arms,  uniform  clothing,  or 
any  part  thereof;  and  every  captain. or  commanding 
officer  of  any  ship  or  vessel,  who  shall  enter  on  board 
such  ship  or  vessel,  as  one  of  his  crew,  knowing  him 
to  have  deserted,  or  otherwise  carry  away  any  such 
soldier,  or  shall  refuse  to  deliver  him  up  to  the  orders 
of  his  commanding  officer,  shall,  upon  legal  convic- 
tion, be  fined  at  the  discretion  of  any  court  having 
cognizance  of  the  same,  in  any  sum  not  exceeding 
three  hundred  dollars,  or  be  iniprisoned  any  term  not 
exceeding  one  year. 

Sec.  20.  And  be  it  further  enacted^  That  every  of- 
ficer, non-commissioned  officer,  musician,  and  pri- 
vate, shall  take  and  subscribe  the  following  oath  or 
affirmation,  to  wit:  "  I,  A.  B.  do  solemnly  swear  or 
affirm,  (as  the  case  may  bej  that  I  will  bear  true  faith 
and  allegiance  to  the  United  States  of  America,  and 
that  I  will  serve  them  honestly  and  faithfully  against 
their  enemies,  or  opposers,  whomsoever  ;  and  that  I 
will  observe  and  obey  the  orders  of  the  President  of  the 
United  States,  and  the  orders  of  the  officers  appoint- 
ed over  me,  according  to  the  rules  and  articles  of  war.'* 

Sec.  21.  And  be  it  further  enacted^  That  whenever  a 
general  court  martial  shall  be  ordered,  the  President 
of  the  United  States  may  appoint  some  fit  person  to  act 
as  judge  advocate,  who  shall  be  allowed,  in  addition  to 
his  other  pay,  one  dollar  and  twenty -five  cents  for  every 
day  he  shall  be  necessarily  employed  in  the  duties  of 
the  said  court ;  and  in  cases  where  the  President  shall 
not  have  made  such  appointment,  the  brigadier  gene- 
ral or  the  president  of  the  court  may  make  the  same. 


58 


Sec.  22.  jind  be  it  further  enacted,  That  where  any 
commissioned  officer  shall  be  obliged  to  incur  any  ex- 
tra expense  in  travelling  and  sitting  on  general  courts 
martial, he  shall  be  allowed  a  reasonable  compensation 
for  such  exti'a  expense  actually  incurred,  not  exceed- 
ing one  dollar  and  twenty-five  cents  per  day,  to  officers 
who  are  not  entitled  to  forage,  and  not  exceeding  one 
dollar  per  day  to  such  as  shall  be  entitled  to  forage. 

Sec.  25.  And  be  it  further  enacted^  That  no  non-com- 
missioned oiBcer,  musician  or  private,  shall  be  arrest- 
ed, or  subject  to  arrest>or  to  be  taken  in  execution  for 
any  debt  under  the  sum  of  twenty  dollars,  contracted 
before  enlistment,  nor  for  any  debt  contracted  after 
enlistment. 

Sec.  24.  And  be  it  further  enacted,  That  whenever 
any  officer  or  soldier  shall  be  discharged  from  the 
service,  except  by  way  of  punishment  for  any  offence, 
he  shall  be  allowed  his  pay  and  rations,  or  an  equiva- 
lent in  money,  for  such  term  of  time  as  shall  be  suffi- 
cient for  him  to  travel  from  the  place  of  discharge  to 
the  place  of  his  residence,  compu'ting  at  the  rate  of 
twenty  miles  to  a  day. 

Sec.  25.  And  be  it  further  eriacted,  That  to  each 
commissioned  officer  who  shall  be  deranged  by  virtue 
of  this  act,  there  shall  be  allowed  and  paid,  in  addition 
to  the  pay  and  emoluments  to  which  they  will  be  eur 
titled  by  law  at  the  time  of  their  discharge,  to  each 
officer  whose  term  of  service  in  any  military  corps  of 
the  United  States  shall  not  have  exceeded  three  years, 
three  months'  pay  j  to  all  other  officers  so  deranged, 
one  month's  pay  of  their  grades,  respectively,  for 
each  year  of  past  service  in  the  army  of  the  United 
States,  or  in  any  regiment  or  corps  now  or  formerly 
in  the  service  thereof. 

Sec.  26.  And  be  it  further  enacted.  That  the  Presi- 
dent of  the  United  States  is  hereby  authorized  and  em- 
powered,when  he  shall  deem  it  expedient,  to  organize 
and  establish  a  corps  of  engineers,  to  consist  of  one  en- 
gineer with  the  pay,  rank  and  emoluments  of  a  major ; 
two  assistant  engineers,  with  the  pay,  rank  and  emolu- 


59 


Xnents  of  captains ;  two  other  assistant  engineers,  with 
the  pay,  rank  and  emoluments  of  first  lieutenants  ; 
two  other  assistant  engineers,  with  the  pay,  rank  and 
emoluments  of  second  lieutenants  ;  and  ten  cadets, 
with  the  pay  of  sixteen  dollars  per  month,  and  two  ra- 
tions per  day  ;  and  the  President  of  the  United  States 
is,  in  like  manner  authorized,  when  he  shall  deem  it 
proper,  to  make  such  promotions  in  the  said  corps, 
with  a  view  to  particular  merit,  and  without  regard  to 
rank  so  as  not  to  exceed  one  colonel,  one  lieutenant 
colonel,  two  majors,  four  captains,  four  first  lieuten' 
ants,  four  second  lieutenants,  and  so  as  that  the  num- 
ber of  the  whole  corps  shall,  at  no  time,  exceed  twen- 
ty officers  and  cadets. 

Sec.  27.  And  be  it  further  enacted^  That  the  said 
corps  when  so  organized,  shall  be  stationed  at  West 
Point,  in  the  state  of  New- York,  and  shall  constitute  a 
military  academy;  and  the  engineers,  assistant  engin- 
eers, and  cadets  of  the  said  corps,  shall  be  subject,  at 
all  times,  to  do  duty  in  such  places,  and  on  such  ser- 
vice, as  the  President  of  the  United  States  shall  direct. 

Sec.  28.  And  be  it  further  enacted^  That  the  princi- 
pal engineer,  and  in  his  absence,  the  next  in  rank, 
shall  have  the  superintendence  of  the  said  military  a- 
cademy,  under  the  direction  of  the  President  of  the  U- 
nited  States ;  and  the  secretary  of  v/ar  is  hereby  author- 
ized, at  the  public  expense,  under  such  regulations  as 
shall  be  directed  by  the  President  of  the  United  States, 
to  procure  the  necessary  books,  implements  and  ap* 
paratus  for  the  use  and  benefit  of  the  said  institution. 

Sec.  29.  And  be  it  further  enacted^  That  so  much  of 
any  act  or  acts,  now  in  force,  as  comes  v/ithin  the  pur* 
view  of  this  act,  shall  be,  and  the  same  is  hereby  re- 
pealed ;  saving,  nevertheless,  such  parts  thereof,  as  re- 
late to  the  enlistments  or  term  of  service  of  any  of  tlie 
troops,  which,  by  this  act,  are  continued  on  the  pres>^ 
ent  military  establishment  of  the  United  States. 


Approved,  i6th  March,  180^. 


6(5 


An  ACT  in  addition  to  an  Act,  entitled  "  An  Actjiocing 
the  Military  Peace  Establishment  of  the  United  States. 

Sec.  1 .  Be  it  enacted  by  the  Senate  and  House  ofRefire- 
sentatives  of  the  United  States  of  America  in  Congress  as- 
sembled^ That  there  be  added  to  Mie  regiment  of  artil- 
lerists, two  teachers  of  music,  whose  pay,  rations  and 
clothing,  shall  be  the  same  as  is  by  law  allowed  to  the 
teachers  of  music  in  the  regiments  of  infantry  in  the 
service  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted.  That  the  President 
of  the  United  States  be  and  he  is  hereby  authorized  to 
appoint  one  teacher  of  the  French  language,  and  one 
teacher  of  drawing,  to  be  attached  to  the  corps  of  engi- 
neers, whose  compensation  shall  not  exceed  the  pay 
and  emolument  of  a  captain  in  the  line  of  the  army. 

Sec.  3.  And  be  it  further  enacted,  That  the  com- 
manding officer  of  the  corps  of  engineers,  be  authoriz- 
ed to  enlist  for  a  term,  not  less  than  three  years,  one 
artificer,  and  eighteen  men,  to  aid  in  making  practical 
experiments  and  for  other  purposes  ;  to  receive  the 
same  pay,  rations  and  clothing  as  are  allowed  to  the 
artificers  and  privates,  in  the  army  of  the  United  States ; 
and  the  same  bounty  when  enlisted  for  five  years  ;  and 
to  be  subject  to  the  rules  and  articles  of  war. 

Approved,  28th  February,  1803. 

An  KCT  in  addition  to  ^^  An  Act  for  fixing  the  Military 
Peace  Establishment  of  the  United  States^ 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Refi-* 
resentatives  of  the  United  States  of  America  in  Congress 
assembled,  That  there  shall  be  appointed  in  addition  to 
the  surgeons'  mates  provided  for  by  the  ''  act  fixing  the 
military  peace  establishment  of  the  United  States,"  as 
many  surgeons*  mates,  not  exceeding  six,  as  the  Pres- 
ident of  the  United  States  may  judge  necessary,  to  be 
attached  to  the  garrisons  or  posts  agreeable  lo  the  pro* 
vision^s  of  the  said  aet^ 


61 

Sec.  2.  And  be  it  Jurther  enacted,  That  an  equivalent 
in  malt  liquor  or  low  wines,  may  be  supplied  the  troops 
of  the  United  States,  instead  of  the  rum,  whisky,  or 
brandy,  which  by  the  said  act  is  made  a  component 
part  of  a  ration,  at  such  posts  and  garrisons,  and  at 
such  seasons  of  the  year,  as,  in  the  opinion  of  the  Pre- 
sident of  the  United  States,  may  be  necessary  for  the 
preservation  of  their  health. 

NATHL.  MAGON, 

Sfieaker  of  the  House  of  Refireseniatives* 

JESSE  FRANKLIN, 

President  of  the  Senate  pro  tempore. 

March  26,  1804. 

Approved,  TH  :  JEFFERSON. 

^in  ACT  to  raise  for  a  limited  Time^  an  additional  Milita- 
ry Force- 

Sec.  I.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress 
assembled^  1  hat,  in  addition  to  the  present  military  es- 
tablishment of  the  United  States,  there  be  raised  five 
regiments  of  infantry,  one  regiment  of  riflemen,  one 
regiment  of  light  artillery,  and  one  regiment  of  light 
dragoons,  to  be  enlisted  for  the  term  of  five  years,  un- 
less sooner  discharged. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  regi- 
ments of  infantry,  riflemen  and  artillery,  shall  consist 
often  companies  each,  and  the  regiment  of  light  dra- 
goons of  eight  troops  ;  and  the  field  and  staff  officers  of 
each  regiment,  of  one  colonel,  one  lieutenant  colonel, 
one  major,  one  adjutant,  one  quarter  master,  one  pay 
master,  one  surgeon,  one  surgeon's  mate,  one  sergeant 
major,  one  quarter  master  sergeant,  two  principal  mu- 
sicians, and  for  the  regiment  of  lip  ht  dragoons,  one  ri- 
ding master  ;  each  company  of  infantry  and  riflemen 
to  consist  of  one  capiaii).  one  first  and  one  s«-cond  lieu- 
tenant, one  ensign,  two  cadets,  four  sergjeants, four  cop- 
F 


62 


porals,  two  musicians,  and  sixty-eight  privates ;  each 
company  of  artillery  of  one  captain,  one  first  and  one 
second  lieutenant,  two  cadets,  four  sergeants,  four  cor- 
porals, two  musicians,  eight  artificers,  and  fifty-eight 
matrosses ;  and  each  troop  of  light  dragoons  of  one  cap- 
tain, one  first  and  one  second  lieutenant,  one  cornet, 
two  cadets,  four  sergeants,  four  corporals,  two  musi- 
cians, one  saddler,  one  farrier,  and  sixty-four  privates. 

Sec.  3.  And  be  it  further  enacted^  That  when,  in  the 
opinion  of  the  President  of  the  United  States,  a  suita- 
ble proportion  of  the  troops  authorized  by  this  act  shall 
be  raised,  there  may  be  appointed  two  additional  briga- 
dier generals,  who  shall  be  entitled  to  one  aid  de 
camp  each,  to  be  taken  from  the  subalterns  of  the  line; 
two  brigade  inspectors,  and  two  brigade  quarter  mas- 
ters ;  and  such  number  of  hospital  surgeons,  and  sur- 
geon's mates,  as  the  service  may  require,  but  not  ex- 
ceeding five  surgeons  and  fifteen  mates,  with  one  stew- 
ard, and  one  ward  master  to  each  hospital :  the  brigade 
inspectors  appointed  under  this  act  shall  be  taken  from 
the  line  ;  and  the  brigade  quarter  masters,  the  adju- 
tants, regimental  quarter  masters  and  pay  masters, 
from  the  subalterns  of  the  line. 

Sec.  4.  And  be  it  further  enacted^  That  the  compen- 
sation of  the  officers,  cadets, non-commissioned  officers, 
musicians,  artificers  and  privates,  authorized  by  this 
act,  shall  be,  viz  ;  to  each  brigadier  general,  one  hun- 
dred and  four  dollars  per  month,  twelve  rations  per  day, 
or  an  equivalent  in  money,  and  sixteen  dollars  per 
month  for  forage,  v/hen  not  furnished  by  the  public ; 
each  brigade  inspector,  thirty  dollars  per  month,  in  ad- 
dition to  his  pay  in  the  line  ;  each  brigade  quarter  mas- 
ter and  aid  de  camp,  twenty  dollars  ;  and  each  adjutant, 
regimental  quarter  master  and  pay  master,  ten  dollars 
per  month,  in  addition  to  their  pay  in  the  line,  and  to 
each  six  dollars  per  month  for  forage,  when  not  fur- 
nished as  aforesaid  ;  each  hospital  surgeon,  seventy- 
five  dollars  per  month,  six  rations  per  day,  or  an  equiv- 


63 


alent  in  money,  and  twelve  dollars  per  month  for  for- 
age, when  not  furnished  as  aforesaid ;  each  hospital 
surgeon*s  mute,  forty  dollars  per  month,  two  rations  per 
day,  or  an  equivalent  in  money,  aad  six  dollars  por 
month  for  forage,  when  not  furnished  as  aforesaid  ; 
each  hospital  steward,  twenty  dollars  per  month  and 
two  rations  per  day,  or  an  equivalent  in  money  ;  each 
ward  master,  sixteen  dollars  per  month  and  two  rations 
per  day,  or  an  equivalent  in  money  ;  to  the  colonel  of 
light  dragoons,  ninety  dollars  per  month,  six  rations 
per  day,  and  forage  for  five  horses  ;  to  the  lieutenant 
colonel  of  light  dragoons,  sevcnly-five  dollars  per 
month,  five  rations  per  day,  and  forage  for  four  horses; 
to  the  major  of  light  dragoons, sixty  dollars  per  month, 
four  rations  per  day,  and  forage  for  four  horses;  to  each 
captain  of  light  dragoons,  fifty  dollars  per  month,  three 
rations  per  day,  an.d  forage  for  three  horses  ;  to  each 
lieutenant  of  light  dragoons,  thirty-three  and  one-third 
dollars  per  month,  two  rations  per  day,  and  forage  for 
two  horses  ;  to  each  cornet  of  light  dragoons,  twenty- 
six  and  two-thirds  dollars  per  month,  two  rations  per 
day,  and  forage  for  two  horses  ;  to  the  riding  master, 
twenty-six  and  two-thirds  dollars  per  month,  two  rations 
per  day,  and  forage  for  two  horses  ;  each  saddler  and 
farrier,  ten  dollars  per  month,  one  ration  per  day,  and 
a  suit  of  uniform  clothing,  annually  ;  and  all  other  offi- 
cers, cadets,  non-commissioned  officers,  musicians,  ar- 
tificers and  privates,  authorized  by  this  act,  shall  receive 
the  like  pay,  clothing,  rations,  forage  and  other  emolu- 
ments, as  the  officers^  cadets,  non-commissioned  offi- 
cers, musicians,  artificers  and  privates  of  the  present 
military  establishment  :  Provided^  The  officers  and 
riding  master  furnish  their  own  horses  and  accoutre- 
ments, and  actually  keep  in  service  the  aforesaid  num- 
ber of  horses,  to  entitle  them  to  the  aforegoing  allow- 
ance for  forage,  or  its  equivalent  in  money :  Andfirovid- 
ed  also,  That  the  whole  or  any  part  of  the  regiment  of 
light  dragoons  shall  be  liable  to  serve  on  foot  as  light 
infantry,  until,  by  order  of  the  Pre  ident  of  the  United 


64 


States,  horses  and  accoutrements  shall  be  provided  to 
equip  the  whole  or  any  part  thereof  ab  mounted  dra- 
goons. 

Sec.  5.  And  be  it  further  enacted,  That  the  officers, 
cadets,  non-commisbioned  officers,  musicians,  artificers 
and  privates,  raised  pursuant  to  this  act,  shall  be  enti- 
tled to  the  like  compensation  in  case  of  disability  by 
wounds  and  otherwise  incurred  in  the  service,  as  the 
officers,  cadets,  non-commissioned  officers,  musicians, 
artificers  and  privates  in  the  present  military  establish- 
ment, and  with  them  shall  be  subject  to  the  rules  and 
articles  of  war  which  have  been  established;  or  may  be 
hereafter  by  law  [be]  established  ;  And  that  the  provi- 
sions of  the  acr,  entitled  "  An  act  fixing  the  military 
peace  establishment  of  the  United  States,'*  relative  to 
the  widow,  child  or  children  of  any  commissioned  offi- 
cer who  sball  die,  while  in  the  service  of  the  United 
States,  by  reason  of  any  wound  received  in  actual  service 
of  the  United  States,  to  courts  martial,  the  regulation 
and  compensation  of  recruiting  officers,  the  age,  size, 
•qualiiications  and  bounties  of  recruits,  arrears  of  pay, 
the  bonds  and  duties  of  pay  masters,  penalties  for  deser- 
tion, punishment  of  persons  who  shall  procure  or  en- 
tice any  soldier  to  desert,  or  shall  purchase  from  any 
, soldier  his  arms,  uniform  clothing,  or  any  part  thereof; 
and  the  punishment  of  any  commanding  officer  of  any 
ship  or  vessel  who  shall  receive  on  board  of  his  ship  or 
vessel,  as  one  of  his  crew,  knowing  him  to  have  deserted, 
or  otherwise  carry  away  any  such  soldier,  or  shall 
refuse  to  deliver  him  up  to  the  orders  of  his  command- 
ing officer  ;  to  the  oath  or  affirmation  to  be  taken  and 
subscribed  by  officers,  non-commissioned  officers,  mu- 
sicians and  privates;  to  the  allowance  for  extra  expense 
40  any  commissioned  officer  in  travelling  and  sitting  on 
(general  courts  martial;  to  arrests  of  non-commissioned 
officers,  musicians  and  privates  for  debts  •  to  soldiers 
-discharged  from  service,  except  by  way  of  punishment, 
-■shall  be  in  force  and  applied  to  all  persons,  matters 
things  within  the  intent  and  meaning  of  this  act,  in^ 


s  an(^ 

1 


65 


same  manner  as  if  they  were  inserted  at  large  in  the 
same. 

Sec.  6.  And  be  it  further  enacted^  That  the  subsis- 
tence of  the  officers  of  the  army  when  not  received 
in  kind,  shall  be  estimated  at  twenty  cents  per  ration. 

Sec.  7.  And  be  it  further  enacted^  That  there  shall  be 
appointed  to  each  brigade  one  chaplain,  who  shall  be 
entitled  to  the  same  pay  and  emoluments  as  a  major 
in  ihe  infantry. 

Sec.  8.  And  be  it  further  cr.acted^  That  in  the  recess 
of  the  senate  the  President  of  the  United  States  is 
hereby  authorised  to  appoint  all  or  any  of  the  officers, 
other  than  the  general  officers,  proper  to  be  appointed 
under  this  act,  which  appointments  shall  be  submitted 
to  the  senate  at  the  next  session,  for  their  advice  and 
consent. 

Sec.  9.  And  be  it  further  enacted^  That  every  com- 
missioned and  staff  officer  to  be  appointed  in  virtue  of 
this  act,  shall  be  a  citizen  of  the  United  States,  or  some 
one  of  the  territories  thereof. 

J.  B.  VARNUM, 

Speaker  of  the  House  of  Rejiresentatives* 

GEO.  CLINTON, 

Vice-President  of  the    United  States^  and 
President  of  the  Senate. 

April  12,  1808. 

Approved,  TH  :  JEFFERSON. 


An   ACT  for  completing  the  existing  Military  Eatab^ 
lishment. 

Sec.  K  Be  it  enacted  by  the  Senate  and  House  of  Refi' 
resentatives  of  the  U^iited  States  of  America  in  Con- 
gress assembled,  That  the  military  establishment,  as  now 
authorised  by  law,  be  immediately  completed. 

Sec.  2.  And  be  it  further  enacted.  That  there  be 
allowed  and  paid  to  each  effective,  able  bodied  man, 
F  2  '' 


66 

Tec  raited  or  re- enlisted  for  that  service,  for  the  terra 
of  five  years,  unless  sooner  discharged,  the  sum  of 
sixteen  dollars  ;  but  the  payment  ot  one  half  of  the 
said  bounty  shall  be  deferred  until  he  shall  be  mus- 
tered and  have  joine'd  the  corps  in  \vhich  he  is  to 
serve;  and  whenever  any  non-commissioned  officer 
or  soldier  shall  be  discharged  from  the  service,  who 
shall  have  obtained  from  the  commanding  officer  of 
his  company,  battalion  or  regiment,  a  certificate  that 
he  had  faithfully  performed  his  duty  whilst  in  service, 
he  shall  moreover  be  allowed  and  paid,  in  addition  to 
the  aforesaid  bounty,  three  month's  pay  and  one  hun- 
dred and  sixty  acres  of  land ;  and  the  heirs  and  rep- 
resentatives of  those  non-commissioned  officers  op 
soldiers,  who  may  be  killed  in  action,  or  die  in  the 
service  of  the  United  States,  shall  likewise  be  paid  and 
allowed  the  said  additional  bounty  of  three  month's 
pay,  and  one  hundred  and  sixty  acres  of  land,  to  be  de- 
signated, surveyed  and  laid  off  at  the  public  expense, 
in  such  manner  and  upon  such  terms  and  conditions, 
as  may  be  provided  by  law. 

H.  CLAY, 

Speaker  of  the  House  of  Rejirestntatives, 

GEO.  CLINTON, 

Tice-Fresident  of  the  United  Spates,  and 
President  of  the  Senate. 

December  24,  181 1. 

Approved,  JAMES  MADISON. 


An  ACT  authorizing  the  President  of- the  United  States 
to  raise  certain  Comfianies  of  Rangers  for  the  Protec- 
tion of  the  Frontier  of  the  United  States. 

Sec.  1.  J3e  it  enacted  by  the  Senate  and  House  of  JRe/i- 
rcaentatives  of  the  United  States  of  Jmerica  in  Congress 
assembled,  That  the  President  of  the  United  States, 
whenever  he  shall  have  satisfactory  evidence  of  the 
actual  or  threatened  invasion  of  any  state  or  territory 


67 


of  the  United  States,  by  any  Indian  tribe  or  tribes,  be, 
and  he  is  hereby  authorized  to  raise,  either  by  the 
acceptance  of  volunteers  or  enlistmet  for  one  year, 
unless  sooner  discharged,  as  many  companies  as  he 
may  deem  necessary,  not  exceeding  six,  who  shall 
serve  on  foot  or  be  mounted,  as  the  service  in  his 
opinion  may  require,  shall  act  on  the  frontier  as  ran- 
gers, be  armed,  equipped  and  organized  in  such  man- 
ner, and  be  under  such  regulations  and  restrictions,  as 
the  nature  of  the  service  in  his  opinion  may  make 
necessary. 

Sec.  2.  And  be  it  further  enacted.  That  each  of  the 
said  companies  of  rangers  shall  consist  of  one  captain, 
one  first,  one  second  lieutenant,  one  ensign,  four  ser- 
geants, four  corporals,  and  sixty  privates. 

Sec.  3.  And  be  it  further  enacted^  That  when  the 
said  rangers  arm  and  equip  themselves  and  provide 
their  own  horses,  they  shall  be  allowed  each  one  ^dollar 
per  day,  and  without  a  horse  seventy-five  cents  per 
day,  as  full  compensation  for  their  services,  rations  or 
forage,  as  the  case  may  be.  The  commissioned  offi- 
cers shall  receive  the  same  pay  and  rations  as  officers 
of  the  same  grade  in  the  army  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted^  That  the  officers, 
non-commissioned  officers  and  privates,  raised  pursu- 
ant to  this  act,  shall  be  entitled  to  the  like  compensa- 
tion in  case  of  disability,  by  wounds  and  otherwise,  in- 
curred in  the  service,  as  officers,  non-commissioned 
officers  and  privates  in  the  present  military  establish- 
ment, and  with  them  shall  be  subject  to  the  rules  and 
articles  of  war,  which  have  been  established  or  may 
hereafter  by  law  be  established  ;  and  the  provisions  of 
the  act,  entitled  "  An  act  fixing  the  military  peace  es- 
tablishment of  the  United  States,'*  so  far  as  they  may 
be  applicable,  shall  be  extended  to  all  persons,  matters 
and  things  within  the  intent  and  meaning  of  this  act, 
in  the  same  manner  as  if  they  were  inserted  at  large  in 
Ihe  same.    This  act  shall  take  effect  and  be  in  force 


68 


from  and  after  the  passage  thereof,  and  continue  in 
force  for  one  year,  and  from  thence  to  the  end  of  the' 
next  session  of  congress. 

Sec.  5.  And  be  it  further  enacted^  That  in  the  recess 
of  the  senate,  the  President  of  the  United  States  is 
hereby  authorized  to  appoint  all  the  officers  proper  to 
be  appointed  under  this  act  ;  which  appointments  shall 
be  submitted  to  the  senate  at  their  next  session  for 
their  advice  and  consent. 

H.  CLAY, 
S/ieaker  of  the  House  of  Represeyitatives., 

GEO.  CLINTON, 

Vice-President  of  the  United  States,  and 
President  of  the  Senate, 

January  2,  1812. 

'Approved,  JAMES  MADISON. 


An  ACT  to  raise  an  additional  Military  Force. 

Sec.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Refi- 
resentatives  of  the  United  States  of  America  in  Con- 
gress  assembled.  That  there  be  immediately  raised,  ten 
regiments  of  infantry,  two  regiments  of  artillery,  and 
one  regiment  of  light  dragoons,  to  be  enlisted  for  the 
term  of  five  years  unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted.  That  a  regiment 
of  infantry  shall  consist  of  eighteen  captains,  eighteen 
first  lieutenants,  eighteen  second  lieutenants,  eighteen 
ensigns,  seventy-two  sergeants,  seventy-two  corporals, 
thirty-six  musicians,  and  eighteen  hundred  privates, 
which  shall  form  two  battalions,  each  of  nine  com- 
panies. A  regiment  of  artillery  shall  consist  of  twen- 
ty captains,  twenty  first  lieutenants,  twenty  second 
lieutenants,  forty  cadets,  eighty  sergeants,  eighty 
corporals,  one  hundred  and  si^iy  artificers,  forty  mu- 
sicians, and  fourteen  hundred  and  forty  privates, 
which  shall  form  two  battalions,  each  of  ten  compa- 
nies.    The  regiment  of  caralry  shall  consist  of  twelve 


69 


captains,  twelve  iirst  lieutenants,  twelve  secondlieur 
tenants,  twelve  cornets,  twenty-four  cadets,  forty- 
ctght  sergeants,  forty-eight  corporals,  twelve  saddlers, 
twelve  farriers,  tv/elve  trumpeters,  and  nine  hundred 
and  sixty  privates,  which  shall  form  two  battalions, 
each  of  six  companies. 

Sec,  5.  j^nd  be  it  further  enacted^  That  to  each  re- 
giment raised  under  this  act,  whether  of  infantry, 
artillery  or  light  dragoons,  there  shall  be  appointed 
one  colonel,  two  lieutenant  colonels,  two  majorK,  two 
adjutants,  one  quarter  master,  one  pay  master,  one 
surgeon,  two  surgeons'  mates,  two  sergeant  majors, 
two  quartor  master  sergeants  and  two  senior  musi- 
cians. 

Sec.  4.  Jnd  he  it  further  enacted^  That  there  shall 
be  appointed  two  major  generals,  each  of  whom  shall 
be  allowed  two  aids,  to  be  taken  from  the  commis- 
sioned officers  of  the  line  :  and  five  brigadier  gene- 
rals, each  of  whom  shall  be  allowed  a  brigade  major 
and  an  aid,  to  be  taken  from  the  captains  and  subal- 
terns of  the  line  ;  and  there  shall  also  be  appointed 
one  adjutant  general  and  one  inspector  general,  each 
with  the  rank,  pay  and  emoluiTjcnts  of  a  brigadier 
general  ;  the  said  adjutant  general  shall  be  allowed 
one  or  more  assistants,  not  exceeding  three,  to  be 
taken  from  the  line  of  the  army,  v/ith  the  same  pay 
and  emoluments  as  by  this  act  are  allowed  to  a  lieute- 
nant colonel  ;  the  said  inspector  general  shall  be  al- 
lowed two  assistant  inspectors,  to  be  taken  from  the 
line  of  the  army,  each  of  whom  shall  receive,  while 
acting  in  said  rapacity,  the  same  pay  and  emoluments 
as  by  this  act  are  allowed  to  a  lieutenant  colonel  ; 
there  shall  also  be  appointed  such  number  of  hospital 
surgeons  and  mates  as  the  service  may  require,  with 
one  Stewart  to  each  hospital. 

Sec.  5.  And  be  it  further  enacted^  That  when  an 
officer  is  detached  to  serve  as  brigade  major  or  aid, 
or  as  assistant  to  the  adjutant  general  or  inspector 
general,  on  the  appointment  of  a  general  officer,  or 


as  adjutant  or  qu?\rtei'  master  on  the  appointment  of  a 
colonel,  he  shall  not  thereby  lose  his  rank. 

Sec.  6.  And  he  it  furthsr  enacted^  That  the  major 
generals  respectively  shall  be  entitled  to  two  hundred 
dollars  monthly  pay,  with  twenty  dollars  allowance 
for  forage,  monthly,  and  fifteen  rations  per  day. 
Their  aids  de  camp  shall  each  be  entitled  to  twenty- 
four  dollars  monthly,  in  addition  to  their  pay  in  the 
line,  and  ten  dollars  monthly  for  forage,  and  four  ra- 
tions. The  brigadier  generals,  respectively,  shall  be 
entitled  to  one  hundred  and  four  dollars  monthly  pay, 
twelve  rations  per  day,  and  sixteen  dollars  per  month 
for  forage,  when  not  found  by  the  public. 

Sec.  7.  And  be  it  further  enacted^  That  all  other 
officers,  cadets,  non-commissioned  officers,  musicians, 
artificers  and  privates,  authorized  by  this  act,  shall 
receive  the  like  pay,  forage,  rations,  clothing,  and 
other  emoluments,  as  the  officers  of  the  same  grade 
and  corps,  cadets,  non-commissioned  officers,  musi- 
cians, artificers  and  privates,  of  the  present  military 
establishment. 

Sec.  8.  And  be  it  further  enacted^  That  each  ration 
shall  consist  of  one  pound  and  a  quarter  of  beef,  or 
three  quarters  of  a  pound  of  pork,  eighteen  ounces  of 
bread  or  flour,  one  gill  of  rum,  whisky  or  brandy  ; 
and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of 
vinegar,  four  pounds  of  soap,  and  one  pound  and  a 
half  of  candles,  to  every  hundred  rations. 

Sec.  9.  And  be  it  further  enacted^  That  every  non- 
commissioned officer,  musician  and  private  of  the  ar- 
tillery and  infantry,  shall  receive  annually  the  follow- 
ing articles  of  uniform  clothing,  to  wit:  one  hat,  one 
coat,  one  vest,  two  pair  of  woollen  and  two  pair  of  lin- 
en overalls,  one  coarse  linen  frock  and  trowsers  for 
fatigue  clothing,  four  pair  of  shoes,  four  shirts,  two 
pair  of  socks,  two  pair  of  short  stockings,  one  blanket, 
one  stock  and  clasp,  and  one  pair  of  half  gaiters  : 
And  the  secretary  of  war  is  hereby  authorized  to 
cause  to  be  furnished  to  the  pay  masters  of  the  rc» 


71 

spective  districts,  such  surplus  of  clothing  as  he  may 
deem  expedient,  which  clothing  shall,  under  his  di- 
rection, be  furnished  to  the  soldiers,  -when  necessary, 
at  the  contract  piices,  and  accounted  for  by  them  out 
of  their  arrears  of  monthly  pay. 

Sec.  10.  yind  be  it  further  enactedy  That  the  of- 
ficers, non-commissioned  officers,  musicians  and  pri- 
vates of  the  said  corps,  shall  be  governed  by  the  rules 
and  articles  of  war,  which  have  been  established  by 
the  United  States  in  congress  assembled,  or  by  such 
rules  and  articles  as  may  be  hereafter,  by  law,. estab- 
lished. 

Sec.  11.  And  be  it  further  enacted^  That  the  com- 
missioned officers  who  shall  be  employed  in  the  re- 
cruiting service,  shall  be  entitled  to  receive  for  every 
effective  able  bodied  man,  who  shall  be  duly  enlisted 
by  him  for  the  term  of  five  years,  and  mustered,  (and 
between  the  ages  of  eighteen  and  forty-five  years)  the 
sum  of  two  dollars  :  Provided  nevertheless^  That  this 
regulation,  so  far  as  respects  the  age  of  the  recruit, 
shall  not  extend  to  musicians  or  to  those  soldiers  who 
may  re-inlist  in  the  service  ;  And  iirovided  also,  That 
no  person  under  the  age  of  twenty-one  years  shall  be 
enlisted  by  any  officer,  or  held  in  the  service  of  the 
United  States,  without  the  consent,  in  writing,  of  his 
parent,  guardian  or  master,  first  had  and  obtained,  if 
any  he  have  ;  and  if  any  officer  shall  enlist  any  per- 
son contrary  to  the  true  intent  and  meaning  of  this 
act,  for  every  such  offence  he  shall  forfeit  and  pay  the 
amount  of  the  bounty  and  clothing  which  the  person 
so  recruited  may  have  received  from  the  public,  to  be 
deducted  out  of  the  pay  and  emoluments  of  such  of- 
ficer. 

Sec.  12.  And  be  it  further  enacted.  That  there  shall 
be  allowed  and  paid  to  each  effective  able  bodied  man, 
recruited  as  aforesaid,  to  serve  for  the  term  of  five 
years,  a  bounty  of  sixteen  dollars  ;  but  the  payment 
of  eight  dollars  of  the  said  bounty  shall  be  defer- 
red  until   he  shall  be  mustered,    and   have   joined 


some  military  corps  of  the  United  States  for  service. 
And  whenever  any  non-commissioned  officer  or  sol- 
dier shall  be  discharged  from  the  service*  who  shall 
have  obtained  fom  the  commanding  officer  of  his 
company,  battalion  or  regiment,  a  certificate  that  he 
had  faithfully  performed  his  duty  whilst  in  service,  he 
bhall  moreover  be  allowed  and  paid  in  addition  to  the 
said  bounty,  three  month's  pay,  and  one  hundred  and 
sixty  acres  of  land  ;  and  the  heirs  and  representatives 
of  those  non-commissioned  officers  or  soldiers,  who 
may  be  killed  in  action  or  die  in  the  service  of  the 
United  States,  shall  likewise  be  paid  and  allowed  the 
said  additional  bounty  of  three  months  pay,  and  one 
hundred  and  sixty  acres  of  land,  to  be  designated,  sur-^ 
veyed  and  laid  off  at  the  public  expense,  in  such  man- 
ner, and  upon  such  terms  and  conditions,  as  may  be 
provided  by  law. 

Sec.  13.  And  be  it  further  enacted^  That  the  said 
corps  shall  be  paid  in  such  manner,  that  the  arrears 
shall,  at  no  time,  exceed  two  months,  unless  the  cir- 
cumstances of  the  case  shall  render  it  unavoidable. 

Sec.  14.  And  be  it  further  enacted,  That  if  any  of- 
ficer, non-commissioned  officer,  musician  or  private, 
shall  be  disabled  by  jsvounds  or  otherwise,  while  in  the 
line  of  his  duty  in  public  service,  he  shall  be  placed 
on  the  list  of  invalids  of  the  United  States,  at  such 
rate  of  pension,  and  under  such  regulations  as  are  or 
may  be  directed  by  law  :  Provided  always,  That  the 
compensation  to  be  allowed  for  such  wounds  or  dis- 
abilities, to  a  commissioned  officer,  shall  not  exceed 
for  the  highest  rate  of  disability  half  the  monthly  pay 
of  such  officer,  at  the  time  of  his  being  disabled  or 
wounded  ;  and  that  no  officer  shall  receive  more  than 
the  half  pay  of  a  lieutenant-colonel  ;  and  that  the  rate 
of  compensation  to  non-commissioned  officers,  musi- 
cian? and  privates,  shall  not  exceed  five  dollars  per 
month  :  And  provided  also,  That  all  inferior  disabilii 
ties  shall  entitle  the  persons  so  disabled  to  receive  ail 
allowance  proportionate  to  the  highest  disability. 


Sec.  15.  Jnd  be  it  further  enacted,  That  if  auy 
commissioned  officer,  in  the  military  establishment,  of 
the  United  States,  shall,  while  in  the  service  of  the 
United  States,  die,  by  reason  of  any  wound  received 
in  actual  service  of  the  United  States,  and  leave  u 
widow,  or  if  no  widow,  a  child  or  children  under  six- 
teen years  of  age,  such  widow,  or  if  no  widow,  such 
child  or  children,  shall  be  entitled  to  receive  half  the 
monthly  pay  to  which  the  deceased  was  entitled  at  the 
time  of  his  death,  lor  and  during  the  term  cf  five 
years  :  But  in  case  of  the  death  or  intermarriage  of 
such  widow,  before  the  expiration  of  the  said  term  of 
five  years,  the  half  pay  for  the  remainder  of  the  time 
shall  go  to  the  child  or  children,  of  such  deceased  ofiis 
cer:  Provided  always,  That  such  half  pay  shall  cease 
on  the  decease  of  such  child  or  children. 

Sec.  16.  And  be  it  further  enacted,  That  if  any  non- 
commissioned officer,  musician  or  private,  shall  desert 
the  service  of  the  United  States,  he  shall,  in  addition 
to  the  penalties  mentioned  in  the  rules  and  articles  of 
war,  be  liable  to  serve  for  and  during  such  a  period  as 
shall,  with  the  lime  he  may  have  served  previous  to  his 
desertion,  amount  to  the  full  term  of  his  enlistment ; 
and  such  soldier  shall  and  may  be  tiied  by  a  court  mar- 
tial, and  punished,  although  the  term  cf  his  enlistment- 
may  have  elapsed  previous  to  his  being  apprehended 
or  tried. 

Sec.  17.  And  be  it  further  enacted,  That  every 
person  not  subject  to  the  rules  and  articles  of  war, 
who  shall  procure  or  entice  a  soldier,  in  the  service 
of  the  United  States,  to  desert  ;  or  who  shall  purchase 
from  any  soldier,  his  arms,  uniform  clothing,  or  any 
part  thereof;  and  every  captain  or  commanding  cfil- 
cer  of  any  ship  or  vessel,  who  shall  enter  on  board 
such  ship  or  vessel  as  one  of  his  crev/,  knowing  him 
to  have  deserted,  or  otherwise  carry  away  any  such 
soldier,  or  shall  refuse  to  deliver  him  up  to  the  or- 
ders of  his  commanding  officer,  shall  upon  legal  con- 
viction, be  fined  at  the  discretion  of  any  court  haying 
G 


74 


cognizance  of  the  same,  in  any  sum  nol  exceeding 
three  hundred  dollars,  and  be  imprisoned  any  term  not 
exceeding  one  year. 

Sec.  18.  J.nd  be  it  further  enactedy  That  every  of- 
ficer, non-commissioned  officer,  musician  and  private, 
shall  take  and  subscribe  the  following  oath  or  affirma- 
tion, to  wit;  I,  A.  B.  do  solemnly  swear  or  affirm, 
(as  the  case  may  be)  that  I  will  bear  true  faith  and  al- 
legiance to  the  United  States  of  America,  and  that  I 
will  serve  them  honestly  and  faithfully  against  their 
enemies  or  opposers  whomsoever;  and  that  I  will 
observe  and  obey  the  orders  of  the  President  of  the 
United  States,  and  the  orders  of  the  officers  appoint- 
ed over  me,  according  to  the  rules  and  ariicles  of 
war. 

Sec.  19.  And  be  it  further  enacted^  That  there  shall 
be  appointed  to  each  division  a  judge  advocate,  who 
shall  be  entitled  to  the  same  pay  and  emoluments  as 
a  major  in  the  infantry  ;  or  if  taken  from  the  line  of 
the  army,  shall  be  entitled  to  thirty  dollars  per  month, 
in  addition  to  his  pay,  and  the  same  allowance  for 
forage  as  is  allowed  by  law  for  a  major  of  infantry. 

Sec.  20.  And  be  it  further  enacted^  That  where  any 
commissioned  officer  shall  be  obliged  to  incur  any 
extra  expense  in  travelling  and  sitting  on  general 
courts  martial,  he  shall  be  allowed  a  reasonable  com- 
pensation for  such  extra  expense  actually  incurred, 
not  exceeding  one  dollar  and  twenty-five  cents  per 
day  to  officers  who  are  not  entitled  to  forage,  and  not 
exceeding  one  dollar  per  day  to  such  as  shall  be  en- 
titled to  forage. 

Sec.  21.  And  be  it  further  enacted,  That  no  non- 
commissioned officer,  musician  or  private,  during  the 
term  of  his  service,  shall  be  arrested  on  mesne  pro- 
cess, or  taken  or  charged  in  execution  for  any  debt  or 
debts  contracted  before  enlistment,  which  were  sev- 
erally under  twenty  dollars  at  the  time  of  contracting 
the  same,  nor  for  any  debt  whatever  contracted  after 
enlistment. 


75 


Sec.  22.  A7id  be  it  further  enacted^  That  whenever 
any  officer  or  soldier  shall  be  discharged  from  the 
service,  except  by  way  of  punishment  for  any  offence, 
he  shall  be  allowed  his  pay  and  rations,  or  an  equiva- 
lent in  money,  for  such  term  of  time  as  shall  be  suf- 
ficient for  him  to  travel  from  the  place  of  discharge 
lo  the  place  of  his  residence,  computing  at  the  rate  of 
twenty  miles  to  a  day. 

Sec.  23.  And  be  it  further  enacted^  That  the  sub- 
sistence of  the  officers  of  the  army,  when  not  received 
in  kind,  shall  be  estimated  at  twenty  cents  per  ration. 

Sec.  24.  And  be  it  further  enacted,,  That  there 
shall  be  appointed  to  erxh  brigade,  one  chaplain,  r/ho 
shall  be  entitled  to  the  same  pay  and  emoluments  as 
a  major  in  the  infantry. 

Sec.  25.  And  be  it  further  enacted^  That  no  gene- 
ral, field  or  staff  officer,  who  may  be  appointed  by 
virtue  of  this  act,  shall  be  entitled  to  receive  any  pay 
or  emoluments  until  he  shall  be  called  into  actual 
service,  nor  for  any  longer  time  than  he  shall  con- 
tinue therein. 

H.  CLAY, 
Sfieaker  of  the  House  of  Refiresentativea, 
GEO.  CLINTON, 
Vice-President  of  the  United  States^  and 
President  of  the  Senate. 

January  11,  1812. 

Approved,  JAMES  MADISON. 


A71  ACT  authorizing  the  President  of  theUnited  States 
to  accefit  and  organize  certain  Volunteer  Military 
Cor/is. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  ofRefi' 
resentatives  of  the  United  States  of  America  in  Congress 
assembled^  That  the  President  of  the  United  States 
be,  and  he  is  hereby  authorized  to  accept  of  any  com- 
pany or  companies  of  volunteers,  either  of  artillery, 
cavalry  or  infantry,  who  may  associate  and  offer  them- 


r.f;Ives  for  the  service,  not  exceeding  fiiiy  thousand 
men,  who  shall  be  clothed,  and  in  case  of  cavalry,  fur- 
nished with  horses,  at  their  own  expense,  and  armed 
and  equipped  at  the  expense  of  the  United  States,  af- 
ter they  shall  be  called  into  service,  and  whose  com- 
missioned officers  shall  be  appointed  in  the  manner 
prescribed  by  law  in  the  several  states  and  territories 
to  which  such  companies  shall  respectively  belong  : 
JProvided,  That  where  any  company,  battalion,  regi- 
ment, brigade  or  division,  of  militia,  already  organiz- 
ed, shall  tender  their  voluntary  service  to  the  Unit- 
ed States,  such  company,  battalion,  regiment,  brigade 
or  division,  shall  continue  to  be  commanded  by  tin 
officers  holding  commissions  in  the  same,  at  the  tim( 
of  such  tender,  and  any  vacancy  thereafter  occurring 
shall  be  filled  in  the  mode  pointed  out  by  law  in  th< 
state  or  territory,  wherein  the  said  company,  battal 
ion,  regiment,  brigade  or  division,  shall  have  beei 
originally  raised. 

Sec.  2.  And  be  it  further  enacted^  That  any  com^ 
pany,  battalion,  regiment,  brigade   or  division,  thu( 
offering  itself  for  the  service,  shall  be   liable  to  b( 
called  upon  to  do  military  duty,  at  any  time  the  Presl 
ident  of  the  United  States  shall  judge  proper,  withij 
two  years  after  he  shall  have  accepted  the  sam-e,  anq 
shall  be  bound  to  continue  in  service  for  the  terra  of 
twelve  months   after  they  shall  have  arrived  at  the 
place  of  rendezvous,  unless  sooner  discharged  ;  and 
when  so  called   into   service,   and  whilst  remaining 
therein,  shall   be  under  the   same  rules  and  regula* 
tions,  and  be  entitled  to  the  same  pay,  rations,  forage^ 
and  emoluments  of  every  kind,  bounty  and  clothing 
excepted,   with   the   regular  troops   of    the  Unitea 
States :  Pro-vided^  That  in  lieu  of  clothing,  every  nonf 
commissioned  ofiicer  and   private,  in   any  company^ 
who  may  thus  offer  themselves,   shall  be  entitleci 
when  called  into  service,  to  receive  in  money  a  sunj 
equal  to  the  cost  of  the  clothing  of  a  non-commission* 
ed  officer  or  private,  (as  the  case  may  be)  in  the  reg- 
ular troops  of  the  United  States. 


77 

Sec.  3.  And  be  it  further  enacted^  That  the  Presi- 
dent of  the  United  States  be,  and  he  hereby  is  author- 
ized, to  organize  the  companies  so  tendering  theii* 
services  as  aforesaid,  into  battalions,  squadrons,  regi- 
ments, brigades  and  divisions,  as'  soon  as  the  num- 
ber of  volunteers  shall  render  such  organization  in 
his  judgment  expedient;  but.  Until  called  into  actual 
service,  such  companies  are  not  to  be  considered 
as  exempt  from  the  performance  of  militia  duty,  as  is 
required  by  law,  in  like  manner  as  before  the  passage 
of  this  act. 

Sec.  4.  A7id  be  it  further  enacted,  That  in  case  any 
volunteer  above  mentioned,  while  in  actual  service, 
shall  sustain  any  damage,  by  injury  done  to  his  hors©) 
or  such  other  equipment  as  shall  have  been  furnish- 
ed at  his  own  expense,  or  by  loss  of  the  same,  with- 
out any  fault  or  negligence  on  his  part,  a  reasonable 
sum,  to  be  ascertained  in  such  manner  as  the  Presi- 
dent of  the  United  States  may  direct,  shall  be  allow- 
ed and  paid  to  such  volunteer,  for  each  and  every 
such  loss  or  damage. 

Sec.  5.  And  be  it  further  e7iac  ted,  That  if  any  offi- 
cer, non-commissioned  officer,  musician  or  private, 
shall  be  disabled  by  wounds  or  otherwise,  while  in 
the  line  of  his  duty  in  public  service,  he  shall  be 
placed  on  the  list  of  invalid  pensioners  of  the  United 
States,  at  such  rate  of  pension  and  under  such  regu- 
lations as  are  or  may  be  directed  by  law  ;  Provided 
akvays,  That  the  compensation  to  be  allowed  for  such 
wounds  or  disabilities,  to  a  commissioned  officer, 
shall  not  exceed,  for  the  highest  rate  of  disability, 
half  the  monthly  pay  of  such  officer,  at  "the  time  of 
liis  being  wounded  or  disabled,  and  that  no  officer 
shall  receive  m.ore  than  the  half  pay  of  a  lieutenant 
colonel  :  And  that  the  rate  of  pension  to  ijon-com- 
missioned  officers,  musicians  and  privates,  shall  not 
exceed  five  dollars  per  month :  And  firovid^d  also, 
That  all  inferior  disabilities  shall  entitle  the  person  so 
disabled  to  receive  an  allowance  proportionate  to  l^e 
highest  disability. 

G  2 


78 

Sec.  6,  And  be  it  further  enacted,  Tliat  the  heirs 
and  representatives  of  any  ncn-commissioned  officer 
or  soldier,  \yho  may  be  killed  in  action,  or  die  in  the 
actual  service  of  the  United  States,  shall  be  entitled 
to  receive  one  hundred  and  sixty  acres  of  land  ;  to  be 
designated,  'surveyed  and  laid  off,  at  the  public  ex- 
pense, in  such  manner  and  upon  such  terms  and  con- 
ditions as  may  be  provided  by  law. 

Sec.  7.  And  he  it  further  enacted,  That  upon  the 
discharge  of  any  non-commissioned  officer  or  soldier 
who  shall  have  been  accepted  under  the  provisions 
of  this  act,  and  shall  have  been  in  actual  service  for  a 
period  not  less  than  one  month,  and  shall  have  ob- 
tained from  the  commanding  officer  of  his  company, 
battalion  or  regiment,  a  certificate  that  he  had  faith- 
fully performed  his  duty  while  in  service,  such  non- 
commissioned officer  or  soldier,  i'f  attached  to  the  ar- 
tiileiy  or  infantry,  shall  be  presented  with  a  musket, 
bayonet,  and  other  personal  equipments,  or,  if  attach- 
ed to  the  cavaliy,  with  the  sabre  and  pistols  furnish- 
ed him  by  the  United  States,  as  a  public  testimonial 
of  the  promptitude  and  zeal  with  which  he  shall  have 
volunteered  in  support  of  the  rights  and  honor  of  the 
country. 

Sec.  8.  And  he  it  further  enacted.  That  the  sum  of 
one  million  of  dollars  be  appropriated  to  defray  the 
expenses  which  may  be  incurred  under  the  provisions 
of  this  act,  to  be  paid  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

GEO.  CLINTON, 

Vice-President  of  the  United  States^  and 
President  of  the  Senate, 
February  6,  1812. 

Approved,  JAMES  MADISON. 


I 


70 


Jn  ACT  suftjilemoitary  to  ''^  An  Act  to  raise ^  for  a 
limited  Time  J  an  additional  Military  Force^^  passed  on 
the  t'velfth  day  of'Ajiril^  one  thousand  eight  Imn- 
dred  and  eight. 

Sec.  I.  Beit  e^iacted  by  the  Senate  andHouse  of  Rpfi^ 
resentatives  of  the  United  States  of  America  in  Cou" 
gress  assembled^  That  whenever,  m  the  opinion  of  the 
President  of  the  United  States,it  is  expedien^to  mount 
the  light  artillery,  or  any  part  thereof,  horses  and  ac- 
coutrements shall  be  provided  to  equip  the  whole  or 
such  part  as  he  may  direct ;  and  when  the  non-com- 
missioned officers,  musicians,  artificers  and  privates 
are  so  equipped,  the  officers  shall  be  entitled  to  the 
same  forage  as  is  now  provided  for  the  officers  of  the 
same  grade  in  the  regiment  of  light  dra.goons  :  Pro- 
vided,  The  officers  furnish  their  own  horses,  and  ac> 
coutrements,  and  actually  keep  in  service  the  same 
number  of  horses  to  entitle  them  to  the  aforesaid  al- 
lowance for  forage  or  its  equivalent  in  money. 

Sec.  2.  And  be  it  further  e?iacted,  That  whenever 
the  said  light  artillery  are  ordered  to  be  mounted, 
there  shall  be  provided  one  saddler  and  one  farrier  to 
each  company,  who  shall  be  entitled  to  the  same  pay 
and  emoluments  as  are  now  provided  for  saddlers  and 
farriers  in  the  regiment  of  light  dragoons. 
H.  CLAY, 
Sfieaker  of  the  House  of  Refiresentatives. 
GEO.  CLINTON, 
Vice-President  of  the  United  States^  and 
President  of  the  Senate. 
February  24,   1812. 

Approved,  JAMES  MADISON. 


An  ACT  sufiplementary  to  "  An  Act  to  raise  an  addi' 
tional  Military  Force" 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America  in 
Congress  assembled^  That  the  non-commissioned  of- 


80 


ficers,  musicians  and  privates  of  the  light  dragoons, 
shall  receive  the  same  uniform  clothing  as  is  now 
provided  by  law  for  the  artillery  and  infantry,  except- 
ing one  pair  of  gaiters  and  four  pair  of  shoes,  in  lieu 
of  which,  each  person  shall  be  annually  entitled  to 
receive  one  pair  of  boots  and  two  pair  of  shoes. 

Sec.  2.  And  be  it  further  enacted^  That  the  non- 
commissioned officers,  musicians  and  privates  of  the 
regiment- of  light  artillery,  shall  receive  the  same 
clothing  as  the  light  dragoons,  when  ordered  to  be 
mounted. 

Sec.  3.  And  be  it  further  enacted^  That  all  the  offi- 
cers, excepting  general  officers  who  may  be  appoint- 
ed during  the  present  session  of  Congress,  under  the 
'^  act  to  raise  an  additional  military  force,"  shall  take 
rank  in  such  manner,  as  the  President  of  the  United 
States  shall  direct,  without  regard  to  priority  of  ap- 
pointment. 

H.  CLAY, 
Speaker  of  the  House  of  Rejirese7itatives, 

GEO.  CLINTON, 

Vice-President  of  the  United  States,  and 
President  of  the  Senate. 
March  ir,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  to  establish  a  Quarter  Master^s  Department, 
and  for  ether  Purposes* 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  there  be,  and  hereby  is  es- 
tablished a  quarter  master's  department  for  the  army 
of  the  United  States,  to  consist  of  a  quarter  master 
general,  four  deputy  quarter  masters,  and  as  many- 
assistant  deputy  quarter  masters  as,  in  the  opinion  of 
the  President  of  the  United  States,  the  public  service 
may  require ;  the  quarter  master  general  and  deputy- 
quarter  masters  to  be  appointed  by  the  President,  by 


81 

and  with  the  advice  and  consent  of  the  senate,  and 
the  assistant  deputy  quarter  masters  by  the  President 
alone.  And  he  hereby  is  avithorizcd,  moreover,  to 
appoint  such  additional  number  of  deputy  quarter 
masters,  not  exceeding  four,  to  be  taken  from  the 
lines  or  not,  at  his  discretion,  as  in  his  judgment  the 
public  service  may  require. 

Sec.  2.  And  be  it  further  enacted^  That  the  quarter 
master  general  shall  be  entitled  to  the  rank,  pay  and 
emoluments  of  a  brigadier  general,  under  the  act  of 
the  twelfth  of  April,  one  thousand  eight  hundred  and 
eight,  with  forage  for  two  additional  horses  ;  the  de- 
p4Uy  quarter  masters,  when  not  taken  from  the  line, 
shall  be  Entitled  to  receive  sixty  dollars  per  month, 
five  rations  per  day  and  forage  for  two  horses ;  but  if 
taken  from  the  line,  then  such  additional  pay  and 
emoluments  as  shall  be  equal  to  the  foregoing  pro- 
vision ;  the  assistant  deputy  quarter  masters,  when 
not  taken  from  the  line,  shall  be  entitled  to  and  re- 
ceive forty  dollars  per  month,  three  rations  per  day 
and  forage  for  one  horse  ;  but  if  taken  from  the  line, 
then  such  additional  pay  and  emoluments  as  shall  be 
equal  to  the  foregoing  provision. 

Sec.  3.  And  be  a  further  enacted^  That  in  addition 
to  their  duties  in  the  field,  it  shall  be  the  duty  of  the 
quarter  master  general,  his  deputies  and  assistant  de- 
puties, when  thereto  directed  by  the  secretary  of  war, 
to  purchase  military  stores,  camp  equipage  and  other 
articles  requisite  for  the  troops  ;  and  generally  to 
procure  and  provide  means  of  transport  for  the  army, 
its  stores,  artillery,  and  camp  equipage.  That  the 
quarter  master  general  shall  account,  as  often  as  may 
be  required,  and  at  least  once  in  three  months,  with 
the  department  of  war,  in  such  manner  as  shall  be 
prescribed,  for  all  property  which  may  pass  through 
his  hands,  or  the  hands  of  the  subordinate  officers  in 
his  department,  or  that  may  be  in  his  or  their  care  or 
possession,  and  for  all  monies  which  he  or  they  may 
expend  in  discharging  their  respective  duties  j  that 


82 


he  shall  be  responsible  for  the  regularity  and  correct- 
ness of  all  returns  in  his  department,  and  that  he,  his 
deputies  and  assistant  deputies,  before  they  enter  on 
the  execution  of  their  respective  offices,  shall  several- 
ly take  an  oath  faithfully  to  perform  the  duties  thereof. 

Sec.  4.  And  be  it  further  enacted,  That  there  shall 
be  a  commissary  general  of  purchases,  and  as  many 
deputy  commissaries  as,  in  the  opinion  of  the  Presi- 
dent of  the  United  States,  the  public  service  may  re- 
quire, to  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate. 

Sec.  5.  jlnd  be  it  further  enacted,  That  it  shall  be 
the  duty  of  the  commissary  general  of  purchases,  tin- 
der the  direction  and  supervision  of  the  secretary  of 
war,  to  conduct  the  procuring  and  providing  of  all 
arms,  military  stores,  clothing,  and  generally  all  ar- 
ticles of  supply  requisite  for  the  military  service  of 
the  United  States ;  and  it  shall  be  the  duty  of  the 
deputy  commissaries,  when  directed  thereto,  either 
by  the  secretary  of  war,  the  commissary  general  of 
purchases,  or  in  cases  of  necessity,  by  the  command- 
ing general,  quarter  master  general,  or  deputy  quar- 
ter masters,  to  purchase  all  such  of  the  aforesaid  ar- 
ticles as  may  be  requisite  for  the  military  service  of 
the  United  States. 

Sec.  6.  And  be  it  further  enacted,  That  neither 
the  quarter  master  general  nor  the  commissary  gen- 
eral shall,  directly  or  indirectly,  be  concerned  or  in- 
terested in  carrying  on  the  business  of  trade  or  com- 
merce, or  be  owner  in  whole  or  in  part  of  any  sea 
vessel,  nor  shall  either  of  them  purchase  by  himself, 
or  another  in  trust  for  him,  public  lands  or  any  other 
public  property,  or  be  concerned  in  the  purchase  or 
disposal  of  any  public  securities  of  any  state,  or  of 
the  United  States,  or  take  or  apply  to  his  own  use  any 
emolument  or  gain  for  negociating  or  transacting  any 
business  in  the  said  department,  other  than  what  shall 
be  allowed  by  law ;  and  if  either  the  said  quarter 
master  general  or  commissary  general  shall  offend 


83 


against  any  of  the  prohibitions  of  this  act,  the  parties 
so  offending  shall,  upon  conviction,  forfeit  to  the 
United  States  the  penalty  of  three  thousand  dollars, 
and  may  be  imprisoned  for  a  term  not  exceeding  five 
years,  and  shall  be  removed  from  office,  and  be  for 
ever  thereafter  incapable  of  holding  any  office  under 
the  United  States. 

Sec.  7.  And  be  it  further  enacted^  That  the  salary 
of  the  commissary  general  of  purchases  shall  be  three 
thousand  dollars  per  annum ;  and  the  compensation 
to  a  deputy  commissary  shall  not  exceed  two  and  one 
half  per  eentum  on  the  public  monies  disbursed  by 
him,  nor  in  any  instance  the  sum  of  two  thousa^nd 
dollars  per  annum. 

Sec.  8.  And  be  it  further  enacted,  That  the  com- 
missary general  of  purchases  shall,  before  he  enters 
upon  his  duties,  give  bond  with  sufficient  surety,  to 
be  approved  of  by  the  secretary  of  war,  in  the  sum  of 
fifty  thousand  dollars  ;  and  the  deputy  commissaries 
each  in  the  sum  of  ten  thousand  dollars,  with  condi- 
tion for  the  faithful  performance  of  the  duties  of  their 
office  respectively,  which  bonds  shall  be  lodged  with 
the  comptroller  of  the  treasury. 

Sec.  9.  And  be  it  further  enacted,  That  from  and 
after  the  last  clay  of  May  next,'so  much  of  the  act  en- 
titled "  an  act  to  establish  the  office  of  purveyor  of 
public  supplies,"  as  relates  to  the  appointment  and 
services  of  a  purveyor  of  public  supplies,  be,  and  the 
same  is  hereby  repealed  ;  and  in  the  mean  time,  the 
purveyor  shall  deliver  over  to  the  commissary  gen- 
eral or  one  of  his  deputies,  the  public  stores  and  pro- 
perty of  all  sorts  in  his  possession,  who  shall  receipt 
to  him  for  the  same. 

Sec.  10.  A7id  be  it  further  efiacted,  That  all  letters 
and  packets  to  and  from  the  quarter  master  general 
and  commissary  general,  shall  be  free  from  postage. 
Sec.  11.  And  be  it  further  enacted,  That  there  be 
allowed  for  the  compensation  of  the  necessary  clerks 
in  th^  quarter  master  general's  office,  a  sum  not  ex- 


84 


ceeding  fifteen  hundred  dollars  a  year ;  and  for  the 
compensation  of  the  clerks  of  the  commissary  gen- 
eral, a  sum  not  exceeding  seventeen  hundred  dollars 
per  annum,  with  such  books  and  stationary  as  may  be 
necessary  to  the  quarter  master  general's  and  com- 
missary general's  d^epartments. 

Sec.  12.  And  be  it  further  enacted^  That  the  quar- 
ter master  general  be  authorized  to  appoint  a  princi- 
pal waggon  master,  and  as  many  waggon  masters  as 
he  may  judge  necessary  for  the  service  of  the  army, 
not  exceeding  one  to  each  brigade,  whose  duty  shall 
be,  under  the  direction  of  the  quarter  master  general 
or  any  of  his  deputies,  to  provide  and  conduct  the 
waggons  and  other  means  of  transport  necessary 
and  proper  for  the  military  service  of  the  United 
States. 

Sec.  13.  And  he  it  further  enacted^  That  no  wag- 
gon master  shall  directly  or  indirectly  be  concerned 
or  interested  in  any  waggon,  or  means  of  transport 
employed  in  the  service  of  the  United  States ;  nor 
in  the  purchase  or  sale  of  any  horses,  harness,  wag- 
gons or  other  means  of  transport,  procured  for  or  be- 
longing to  the  United  States,  except  as  agent  for  the 
United  States. 

Sec.  14.  And  he  it  further  enacted^  That  the  prin- 
cipal waggon  master  shall  be  entitled  to  receive  forty 
dollars  per  month,  three  rations  per  day,  and  forage 
for  one  horse  ;  and  each  waggon  master  shall  be  en- 
titled to  receive  thirty  dollars  per  month,  two  rations 
per  day  and  forage  for  one  horse. 

Sec.  15.  And  be  it  further  enacted^  That  the  quar- 
ter master  general  be  authorized  to  appoint  one  prin- 
cipal forage  master,  and  as  many  assistant  forage 
masters  as  the  nature  of  the  service  may  require,  not 
exceeding  one  to  each  brigade,  whose  duty  shall  be, 
under  the  direction  of  the  quarter  master  general  or 
any  of  his  deputies,  to  provide  and  deliver  out  forage, 
necessary  and  proper  for  the  military  service  of  the 
United  States ,  nor  shall  any  forage  master  be  direct' 


65 


ly  or  indirectly  concerned  in  the  purchase  or  sale  oF 
any  article  of  forage  procured  for  or  belonging  to  the 
United  States,  except  as  an  agent  for  the  United 
States. 

Sec.  16.  j4nd  be  it  further  enacted^  That  the  prin- 
cipal forage  master  shall  be  entitled  to  and  receive  for- 
ty dollars  per  month,  three  rations  per  day,  and  forage 
for  two  horses  ;  and  that  ths  other  forage  masters 
shall  be  entitled  to  and  receive  thirty  dollars  per 
month,  tv/o  rations  per  day,  and  forage  for  one 
horse. 

Sec.  17.  And  be  it  further  enacted^  That  there  shall 
be  four  conductors  of  artillery,  who  shall  be  appoint- 
ed by  the  President  alone,  each  of  whom  shall  be  en- 
titled to  the  pay  and  emoluments  of  a  lieutenant  of 
artillery. 

Sec.  18.  And  be  It  further  enacted^  That  this  act 
shall  go  into  operation  on  the  first  day  of  April  next; 
and  that  so  much  of  the  act  fixing  the  military  peace 
establishment  of  the  United  States,  as  respects  the 
appointment  of  military  agents  and  assistant  military 
agents,  be,  and  the  same  is  hereby  repealed,  from 
and  after  that  day  ;  but  all  those  agents  shall  contin- 
ue to  perform  their  respective  duties  in  the  mean 
time,  and  until  the  deputy  and  assistant  deputy  quar- 
ter  masters  shall  be  appointed  and  ready  to  enter  on 
the  execution  of  their  respective  offices;  to  whom 
the  said  military  agents  and  assistant  military  agents 
shall  then  deliver  all  the  public  stores  and  property 
in  their  possession. 

Sec.  19.  And  be  it  further  enacted^  That  all  per- 
sons attached  to  the  public  service  by  virtus  of  this 
act,  shall  be  subject  to  military  law,  except  the  deputy 
commissaries. 

Sec.  20.  And  be  it  further  enacted^  That  the  Presi- 
dent may  and  he  hereby  is  authorized  in  the  recess  of 
the  senate,  to  appoint  the  quarter  master  general,  de- 
puty quarter  masters,  commissary  general  and  de- 
puty commissaries,  or  any  of  them  i  wUch  appoint- 
H 


86 


lYients  shall  be  submitted  to  the  senate  at  their  next 
Bession,  for  their  advice  and  consent. 

H.  CLAY, 

Speaker  of  the  House  of  Re  fire  sent  atives. 

WM.  H.  CRAWFORD, 

President  of  the  Senate^,  pro  tempore, 

March  28,  1812.  Approved,     JAMES  MADISON. 


An  ACT  in  addition  to  the  Act^  entitled  "  An  Act  tb 
raise  an  additional  Militarij  Forced'  passed  January 
11,  1812. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America,^  in 
Congress  assembled,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  empowered  to  cause  to  be 
enlisted  for  the  term  of  eighteen  months,  unless  soon- 
er discharged,  such  part  of  the  light  dragoons,  artil- 
lery and  infantry,  authorized  by  the  act,  entitled  «  an 
act  to  raise  an  additional  military  force,*'  as  he  may- 
deem  expedient :  Provided^  the  whole  number  so  to  be 
enlisted  for  eighteen  months,  shall  not  exceed  fifteen 
thousand,  any  thing  in  the  said  recited  act  to  the  con- 
trary notwithstanding. 

Sec.  2.  And  be  it  further  enacted.  That  the  non- 
commissioned officers,  musicians  and  privates,  so  to 
be  enlisted,  shall  be  entitled  to  the  bounty  of  sixteen 
dollars,  and  the  same  pay,  clothing  and  rations,  the^ 
same  provisions  for  wounds  or  disabilities,  and  to  all 
other  allowances,  (the  bounty  in  land  excepted)  pro- 
vided by  the  said  before  recited  act  for  the  non-com** 
missioned  officers,  musicians  and  privates,  who  may 
be  raised  under  the  same  ;  and  shall  be  held  to  per- 
form the  same  duties,  and  be  subject  to  the  same 
rules  and  regulations. 

H.  CLAY, 
Sfieaker  of  the  House  of  Representatives > 
WM.  H.  CRAWFORD, 
President  of  the  Senate  pro  tempore^ 
Aprils,  18U.     Approved,     JAMES  MADISON, 


87 


Jn  ACT  for  the  Ori^anization  of  a  Cor/is  of  Artificers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Rejirescntatives  of  the  United  States  of  A?nerica  in 
Cong-ress  assembled^  Thatthere  shall  be  attached  to  th6 
quarter  master  general's  department  and  subject  to 
the  orders  of  the  officers  thereof,  a  corps  of  artificers, 
to  consist  of  one  superintendent,  to  be  appointed  by 
the  President  of  the  United  States,  four  assistants, 
two  master  masons,  two  master  carpenters,  two  mas- 
ter blacksmiths,  two  master  boat  builders,  two  master, 
armorers,  two  master  saddle  and  harness  makers, 
twenty  house  carpenters,  five  ship  carpenters,  twenty 
blacksmiths,  sixteen  boat  builders,  sixteen  armorers, 
twelve  saddle  and  harness  makers  and  twenty-four 
laborers,  to  be  selected  from  the  privates  of  the  ar- 
my, when  authorized  thereto  by  the  commanding 
general,  or  engaged  from  among  the  citizens  by  the 
superintendent. 

Sec.  2.  And  be  it  further  enacted^  That  the  pay  of 
the  superintendent  of  artificers  shall  be  forty -five  dol- 
lars per  month,  three  rations  per  day,  and  forage  for 
one  horse  ;  that  the  pay  of  the  four  assistants  be  each 
thirty  dollars  per  month  and  tv/o  rations  per  day  ; 
that  the  pay  of  the  twelve  master  workmen  be  each 
thirty  dollars  per  month  and  one  ration  and  one  half 
of  a  ration  per  day;  that  the  pay  of  the  other  work- 
men be  each  sixteen  dollars  per  month  and  one  ration 
and  one  half  of  a  ration  per  day. 

Sec.  3.  And  be  it  further  enacted^  That  it  shall  be 
the  duty  of  the  superintendent  of  artificers  to  render 
a  correct  report,  once  each  month,  of  the  corps  to  the 
quarter  master  general,  and  on  oath  to  make  out  the 
pay-roll  thereof;  which  pay-roll  shall  be  examined  by 
the  quarter  master  general,  or,  in  his  absence,  by  one 
of  the  deputy  quarter  masters,  and  by  him  be  coun- 
tersigned, and  faithfully  and  without  delay  to  execute 
all  such  oi'ders  as  he  may  receive  from  the  secretary 
at  war,  any  officer  of  the  quarter  master's  department, 


88 

or  from  the  officer  commanding  in  the  field  or  jjarri- 
son  to  which  his  corps  or  any  part  thereof  may  be  at* 
lachcd. 

Sec.  4.  And  be  it  further  enacted^  That  this  corps 
shall  be  engaged  for  and  during  the  term  of  three 
years,  unless  sooner  discharged  by  the  President  of 
the  United  States. 

Sec.  5.  And  be  it  further  enacted^  That  for  defray- 
ing the  expense  that  may  be  incurred  in  thj^  execution 
cf  this  act,  the  sum  of  thirty  thousand  dollars  be,  and 
Ihe  same  is  hereby  appropriated,  to  be  paid  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

H.  CLAY, 

Sjieaker  of  the  House  of  Refiresentativea* 
I  WM.  H.  CRAWFORD, 

President  of  the  Senate  fir o  temfiore. 
April  23,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  making  further  Provision  for  the  Corfis  of 
Engineers, 
Sec.  1.  Beit  enacted  by  the  Senate  andHouse  of  Refi^ 
resentatives  of  the  United  States  of  America  in  Congress 
assembled^  That  there  be  added  to  the  corps  of  engi« 
neers,  two  captains,  two  first  lieutenants,  two  second 
lieutenants,  with  the  usual  pay  and  emoluments,  ac- 
cording to  their  grades  respectively  ;  and  one  pay 
xnaster,  to  be  taken  from  the  subalterns  of  engineers, 
with  the  pay  and  emoluments  of  a  regimental  pay 
master;  and  that  there  be  attached  to  the  said  corps, 
either  from  the  troops  nov/  in  service,  or  by  new  en- 
listments, as  the  President  of  the  United  States  may 
direct,  four  sergeants,  four  corporals,  one  teacher  of 
music,  four  musicians,  nineteen  artificers  and  sixty- 
two  men,  which  non-commissioned  officers,  musi- 
cians, artificers  and  men,  together  with  the  artificers 
and  men  already  belonging  to  the  corps  of  engineers, 
shall  be  formed  into  a  company,  to  be  styled  a  com- 
pany of  bombardiers,  sappers  and  miners.,  and  be  of- 


89 


ficered  from  the  corps  of  engineers,  according  as  the 
commanding  officer  of  that  corps  may,  with  the  ap- 
probation of  the  President  of  the  United  States,  di. 
rect ;  and  the  said  non-commissioned  officers,  musi- 
cians, artificers  and  men,  shall  be  allowed  the  same 
pay  and  emoluments  as  are  allowed  to  the  non-com- 
missioned officers,  musicians,  artificers  and  men  in 
the  regiment  of  artillerists. 

Sec.  2.  And  be  it  further  enacted.^  That  the  milita- 
ry academy  shall  consist  of  the  corps  of  engineers, 
and  the  following  professors,  in  addition  to  the  teach- 
ers of  the  French  language  and  drawing  already  pro- 
vided, viz  :  one  professor  of  natural  and  experiment- 
al philosophy,  with  the  pay  and  emoluments  of  a 
lieutenant  colonel,  if  not  an  officer  of  the  corps,  and  if 
taken  from  the  corps,  then  so  much  in  addition  to  his 
pay  and  emoluments  as  shall  equal  tliose  of  a  lieu- 
tenant colonel ;  one  professor  of  mathematics,  with 
the  pay  and  emoluments  of  a  major,  if  not  an  officer 
of  the  corps,  and  if  taken  from  the  corps,  then  sq 
much  in  addition  to  his  pay  and  emoluments,  as  shall 
equal  those  of  a  major ;  one  professor  of  the  art  of 
engineering  in  all  its  branches,  with  the  pay  and 
emoluments  of  a  major,  if  not  an  officer  of  the  corps, 
and  if  taken  from  the  corps,  then  so  much  in  additioa 
to  his  pay  and  emoluments  as  shall  be  equal  to  those  of 
a  major  ;  each  of  the  foregoing  professors  to  have  ant 
assistant  professor,  which  assistant  professor  shall  be 
taken  from  the  most  prominent  characters  of  the  of- 
ficers or  cadets,  and  receive  the  pay  and  emoluments 
of  captains,  and  no  other  pay  or  emoluments  while 
performing  these  duties ;  Frovided,  That  nothing; 
herein  contained  shall  entitle  the  academical  staff,  as 
such,  to  any  command  in  the  army  separate  from  th© 
academy. 

Sec.  3.  And  be  it  further  enacted^  That  the  cadets 
heretofore  appointed  in   the   service   of  the  United 
States,  whether  of  artillery,  cavalry,  riflemen  or  in- 
fantry, or  that  may  in  future  be  appointed  as  hereiiT- 
H2 


90 


after  provided,  shall  at  no  time  exceed  two  hundred 
and  fifty  ;  that  they  may  be  attached,  at  the  discretion 
of  the  President  of  the  United  States,  as  students  to 
the  military  academy,  and  be  subject  to  the  establish- 
ed regulations  thereof;  that  they  shall  be  arranged 
into  companies  of  non-commissioned  officers  and  pri- 
vates, according  to  the  directions  of  the  commandant 
of  engineers,  and  be  officered  from  the  said  corps, 
for  the  purjx)ses  of  military  instruction ;  that  there 
shall  be  added  to  each  company  of  cadets  four  musi- 
cians ;  and  the  said  corps  shall  be  trained  and  taught 
all  the  duties  of  a  private,  non-commissioned  officer 
jind  officer  ;  be  encamped  at  least  three  months  of 
each  year,  and  taught  all  the  duties  incident  to  a  reg- 
ular camp  ;  that  the  candidates  for  cadets  be  not  un- 
der the  age  of  fourteen,  nor  above  the  age  of  twenty- 
one  years  ;  that  each  cadet,  previously  to  his  appoint- 
ment by  the  President  of  the  United  States,  shall  be 
-well  versed  in  reading,  writing  and  arithmetic,  and 
that  he  shall  sign  articles,  with  the  consent  of  his  par- 
ent or  guardian,  by  which  he  shall  engage  to  serve 
iive  years  unless  sooner  discliarged ;  and  all  such  ca- 
dets shall  be  entitled  to  and  receive  the  pay  and  emol- 
uments now  allowed  by  law  to  cadets  in  the  corps  of 
engineers. 

Sec.  4.  And  be  it  further  enacted,  That  when  any 
cadet  shall  receive  a  regular  degree  from  the  aca- 
demical staff,  after  going  through  all  the  classes,  he 
-shall  be  considered  as  among  the  candidates  for  a 
commission  in  any  corps,  according  to  the  duties  he 
may  be  adjudged  competent  to  perform  ;  and  in  case 
there  shall  not  at  the  time  be  a  vacancy  in  such  corps, 
he  may  be  attached  to  it  at  the  discretion  of  the  Presi- 
dent of  the  United  States,  by  brevet  of  the  lowest 
grade,  as  a  supernumerary  officer,  with  the  usual  pay 
and  emoluments  of  such  grade,  until  a  vacancy  shall 
happen:  Provided,  That  there  shall  not  be  more 
than  one  supernumerary  officer  to  any  one  company 
at  the  same  time. 


91 


Sec.  5.  And  be  it  further  enacted,  That  the  sum  of 
twenty-five  thousand  dollars  be,  and  the  same  is  here- 
by appropriated,  to  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated,  for  erecting 
buildings,  and  for  providing  an  apparatus,  a  library 
and  all  necessary  implements,  and  for  such  contingent 
expenses  as  may  be  necessary  and  proper,  in  the  jud^- 
mei>t  of  the  President  of  the  United  States,  for  such 
an  institution. 

.  Sec.  6.  And  be  it  further  enacted,  That  so  muck 
of  the  twenty-sixth  section  of  the  act,  entitled,  "  An 
act  fixing  the  military  peace  establishment,'*  passed 
the  sixteenth  March,  one  thousand  eight  hundred  and 
two,  as  confines  the  selection  of  the  commander  of  the 
corps  of  engineers  to  the  said  corps,  be^  and  the  same 
is  hereby  repealed. 

H.  CLAY, 

Sjicaker  of  the  House  of  Refiresentatives. 

WM.  H.  CRAWT^ORD, 

President  of  the  Senate  fir o  temf^iore, 
April  29,  1812. 

Approved,  JAMES  MADISON. 

An  ACT  for  the  better  Regulation  of  the  Ordnance, 

Sec.  1 .  Be  it  enacted  by  the  Senate  andHouse  of  Reft- 
resentatives  of  the  UnitedStates  of  America,  in  Congress 
assembled,  That  there  be  and  hereby  is  established 
an  ordnance  department,  to  consist  of  a  commissary 
general  of  ordnance,  an  assistant  commissary  gene- 
ral, four  deputy  commissaries,  and  as  many  assistant 
deputy  commissaries  as  the  President  of  the  United 
States  may  think  necessary,  not  exceeding  eight. 

Sec.  2.  And  be  it  further  enacted.  That  the  com- 
missary general  be  authorized  from  time  to  time  to 
employ  as  many  wheelwrights,  carriage  makers, 
blacksmiths  and  laborers  as  the  public  service  may  in 
his  judgment  require. 
■    Sec.  3.  And  be  it  further  enacted,  That  the  com* 


92 


fttissAry  general  of  ordnance  shall  be  entitled  to  the 
fank,  pay  and  emoluments  of  a  colonel  of  infantry, 
and  be  further  allowed  at  the  rate  of  five  hundred 
dollars  per  year,  and  four  rations  per  day  for  clerks 
in  his  department ;  the  assistant  commissary  general 
of  ordnance  shall  be  entitled  to  the  rank,  pay  and 
emoluments  of  a  major  of  infantry,  with  three  addi- 
tional rations  per  day  ;  the  deputy  commissaries  of 
ordnance  shall  be  entitled  to  the  rank,  pay  and  emolu- 
ments of  a  captain  of  infantry,  with  two  additional  ra- 
tions per  day^  and  forage  for  one  horse  ;  the  assistant 
deputies  shall  have  the  rank,  pay  and  emoluments  of 
a  second  lieutenant  of  infantry,  with  one  additional 
ration  per  day. 

Sec.  4r.  Ajid  be  it  further  enacted^  That  a  mastei* 
wheelwright  and  carriage  maker,  and  a  master  black- 
smith, be  allowed  thirty  dollars  each,  per  month,  and 
one  ration  and  one  half  of  a  ration  per  day  :  that  any 
other  wheelwrights,  carriage  makers  and  blacksmiths, 
be  allov/ed  each  sixteen  dollars  per  month,  and  one 
ration  and  one  half  of  a  ration  per  day  ;  that  the  la- 
borers each  be  allowed  nine  dollars  per  month  and 
one  ration  per  day. 

Sec.  5.  And  be  it  further  enacted^  That  it  shall  be 
the  duty  of  the  commissary  general  of  ordnance  to 
direct  the  inspection  and  proving  of  all  pi«ces  of  ord- 
nance, cannon  balls,  shells  and  shot,  procured  for  the 
use  of  the  army  of  the  United  States^ ;  and  to  direct 
the  construction  of  all  carriages  and  every  apparatus 
for  ordnance,  for  garrison  and  field  service,  and  all 
ammunition  waggons,  pontoons  and  travelling  forges  \ 
also,  the  direction  of  the  laboratories,  the  inspection 
and  proving  the  public  powder,  and  the  preparing  all 
kinds  of  ammunition  for  garrison  and  field  service ; 
and  shall,  half  yearly,  examine  all  ordnance,  carria-" 
gas,  ammunition  and  apparatus,  in  the  respective  for- 
tresses, magazines  and  arsenals,  and  cause  the  sam^ 
to  be  preserved  and  kept  in  good  order. 

Sec.  6.  And  be'U  further  €neKted^  That  the  com- 


93 


5"kiissary  general  of  ordnance  shall  execute  all  orders 
issued  by  the  secretary  for  the  department  of  war,  in 
conveying  all  ordnance,  ammunition  and  apparatus,  to. 
the  respective  armies,  garrisons,  magazines  and  arse- 
nals ;  and  in  time  of  war  he  shall  execute  all  orders 
of  any  general  officer,  commanding  in  any  army  or 
garrison,  for  the  supply  of  ordnance,  ammunition,  car- 
riages, pontoons,  forges,  furnaces  or  apparatus,  for 
garrison,  field  or  siege  service,  and  forward  the  same 
without  delay  and  in  good  condition. 

Sec.  7.  And  be  it  further  enacted^  That  the  com- 
missary general  of  ordnance  shall  half  yearly  trans- 
mit to  the  department  of  war,  a  correct  return  of  all 
ordnance,  ammunition,  military  stores  and  effects,  in 
the  respective  garrisons,  arsenals,  magazines,  posts 
and  camps,  with  a  statement  of  their  order,  quality 
and  condition ;  and  also  what  may  be  necessary  to 
keep  up  an  ample  supply  of  each  and  every  article 
in  the  ordnance  department,  and  shall,  in  all  things, 
faithfully  and  without  delay  execute  the  orders  of  the 
secretary  for  the  department  of  war  touching  the 
same. 

Sec,  8.  And  be  it  further  enacted^  That  the  super- 
intendents of  military  stores,  keepers  of  magazines 
and  arsenals,  shall  half  yearly,  make  correct  returns 
to  the  commissary  general  of  ordnance  of  all  mil- 
itary stores  that  they  respectively  have  in  charge  ; 
and  that  the  assistant  commissary  general  of  ord- 
nance, the  deputy  commissaries  and  assistant  depu- 
ties shall  faithfully,  and  without  delay,  execute  all  or- 
ders that  shall  be  issued  by  the  secretary  for  the  de- 
partment of  war,  the  commanding  general,  in  time  of 
war,  of  any  corps,  camp  or  garrison,  or  of  the  com- 
missary general  of  ordnance,  in  their  respective  de- 
partments, by  virtue  of  this  act. 

Sec.  9.  And  be  it  further  enacted.  That  the  com- 
missary general  of  ordnance  shall  make  a  correct  re- 
port of  the  artificers  and  laborers  from  time  to  time 
employed  by  him,  and  transmit  the  same  to  the  adju* 
tant  ,c-eneral. 


94 

Sec.  10.  jfnd  be  it  further  enacted^  That  for  de- 
fraying the  expense  that  may  be  mcurred  in  the  exe- 
cution of  this  act,  the  sum  of  twenty  thousand  dollars 
be,  and  the  same  is  hereby  appropriated,  to  be  paid 
out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. H.  CLAY, 

S/ieaker  qf  the  House  of  Re/iresentatives. 

WiM.  H.  CRAWFORD, 

President  cf  the  Senate  pro  temp.ore. 
May  1 4,  1812. 
ArpiioVEo,  JAMES  MADISON. 

An  ACT  making  further  Provision  for  the  Jrmy  of 
the  United  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Rejireaentatives  of  the  United  States  of  America,  in 
Congress  assembled.  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  and  empower- 
ed to  appoint  so  many  district  pay  masters  as,  in  his 
judgment,  the  service  may  require  ;  and  if  such  pay- 
masters are  taken  from  the  line  of  the  army,  they 
shall  respectively  receive  thirty  dollars  per  month, 
in  addition  to  their  pay  in  the  line :  Provided,  The 
same  shall  in  no  case  exceed  the  pay  and  emoluments 
of  a  major ;  and  ii'  not  taken  from  the  line  they  shall 
receive  the  same  pay  and  emoluments  as  a  major  of 
infantry. 

Sec.  2.  j^nd  be  it  further  enacted^  That  the  Pres- 
ident of  the  United  States  be,  and  he  hereby  is  au- 
thorized and  empowered  to  appoint  a  pay  master  to 
each  regiment  on  the  peace  establishment,  w^ho  shall 
receive  the  same  pay  and  emoluments  as  a  captain  of 
the  regiment  to  which  he  belongs  :  Provided,  That 
all  district  and  regimental  pay  masters  shall  be  sub- 
ject to  the  rules  and  articles  of  war,  and  give  such 
bonds  to  the  United  States  as  the  secretary  for  the  de- 
partment of  war  may  direct,  for  the  faithful  perform- 
ance of  their  duties.  And  it  shall  be  the  duty  of  the 
commanding  officer,  when  requested  by  the  pay  mas- 


9B 

tei',  to  furnish  a  capable  non-commissioned  officer  or 
BolcUer  to  aid  him  in  the  discharge  of  his  duty,  who, 
while  so  employed,  shall  receive  double  pay. 

Sec.  3.  yJnd  be  it  further  enacted^  That  the  Presi- 
dent of  the  United  States  be,  and  he  hereby  is  author- 
ized to  appoint  from  the  captains  and  subalterns  of  the 
line  of  the  army,  so  many  sub-inspectors  as  the  service 
may  require,  not  exceeding  one  to  each  brigade;  and 
such  sub-inspectors  shall  each  receive  twenty-four 
dollars  per  month,  in  addition  to  his  pay  in  the  line. 

Sec.  4.  And  he  it  further  enacted^  That  each  brig- 
ade major,  provided  by  law,  shall  be  allowed  twenty- 
four  dollars  per  month,  in  addition  to  his  pay  in  the 
line. 

Sec.  5.  And  be  it  further  enacted^  That  the  gene- 
ral commanding  the  army  of  the  United  States  shall 
be  allowed  a  secretary,  to  be  taken  from  the  line  of 
the  army,  who  shall  receive  twenty-four  dollars  per 
month  in  addition  to  his  pay  in  the  line,  and  shall  be 
allowed  forage  for  two  horses. 

Sec.  6.  And  be  it  further  enacted^  That  in  addition 
to  the  non-commissioned  officers  and  privates  allowed 
to  the  regiment  of  light  artillery,  each  company  shall 
be  entitled  to  twelve  drivers  of  artillery,  who  shall  be 
enlisted  for  five  years,  unless  sooner  discharged,  and 
receive  the  same  pay,  rations  and  clothing,  as  the  pri- 
vates of  the  army  :  Froyided,  such  drivers  of  artillery 
shall  at  all  times  be  liable  to  do  duty  in  the  ranks  when 
the  company  shall  not  be  mounted. 

Sec.  7.  And  be  it  further  enacted,  That  so  much 
of  the  "  act  for  establishing  rules  and  articles  for  the 
government  of  the  armies  of  the  United  States,"  as 
authorizes  the  infliction  of  corporal  punishment,  by 
stripes  or  lashes,  be  and  the  same  hereby  is  repealed. 

H.  CLAY, 

Sfieaker  of  the  House  of  Represehtatives, 

WM.  H.  CRAWFORD, 

President  of  the  Senate  fir o  temJior^\ 
f^May  16,  1812. 

Appuoyed,  JAMES  MADISON, 


9G 


An  ACT  to  amend  an  Act,  entitled  "  An  Act  to  es- 
tablish a  Quarter  Master's  De/iart7nent,  and  fox 
other  Purposes  J* 

.  Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hefiresentatives  of  the  United  States  of  America,  in 
Congress  assembled,  That  neither  the  quarter  master 
general,  the  commissary  general,  nor  any  or  either  of 
their  deputies  or  assistant  deputies,  shall  be  concern- 
ed, directly  or  indirectly,  in  the  purchase  or  sale,  for 
commercial  purposes,  of  any  article  intended  for 
■making  a  part  of,  or  appertaining  to,  their  respective 
departments,  except  for  and  on  account  of  the  Uni- 
ted States  ;  nor  shall  they  or  either  of  them,  take  or 
apply  to  his  or  their  own  use  any  gain  or  emolument 
for  negociating  or  transacting  any  business  in  their 
respective  departments,  other  than  what  is  or  may  be 
allowed  by  law. 

Sec.  2.  And  be  it  further  enacted,  That  the  quarter 
master  general  be,  and  he  is  hereby  empowered  to 
appoint  one  principal  barrack  master,  and  as  many- 
deputy  barrack  masters,  as  may  from  time  to  time  be 
necessary,  not  exceeding  one  to  each  separate  bar- 
rack or  cantonment:  which  said  principal  barracB 
master  shall  be  entitled  to  receive  the  same  pay,  ra3 
tions  and  emoluments,  as  the  principal  forage  master ; 
and  each  of  his  deputies,  the  same  pay,  rations  and 
emoluments  as  is  by  law  allowed  to  a  deputy  forage 
master. 

Sec.  3.  And  be  it  further  enacted,  That  in  addition 
to  the  allowance  made  to  the  quarter  master  general 
and  commissary  general  respectively,  in  and  by  the  act 
hereby  amended,  it  shall  and  may  be  lawful  for  tin 
secretary  for  the  department  of  war,  for  the  time  be| 
ing, to.  allow  to  them  respectively  such  sums  as  in  hj 
opinion  shall  have  been  actually  and  necessarily  ex 
pended   in  their  several  departments  for  oflice  ren| 
fuel,  candles  and  extra  clerk  hire. 

Sec.  4.  And  be  it  further  enacted,  That  the  quai 
Xer  msister  general,  the  deputy  quarter  masters,  an< 


97 


the  assistant  deputy  quarter  masters,' shall,  before 
they  or  either  of  them  enter  upon  the  duties  of  their 
appointment,  respectively  enter  into  bond,  with  suffi- 
cient security,  to  be  approved  of  by  the  secretary  of 
war,  conditioned  for  the  faithful  expenditure  of  all 
public  monies,  and  accounting  for  all  public  property 
which  may  come  to  their  hands,  respectively ;  and 
the  quarter  master  general  shall  not  be  liable  for  any 
money  or  property  that  may  come  into  the  hands  of 
the  subordinate  officers  of  his  department. 

Sec.  5.  And  be  it  further  enacted^  That  the  sixth 
section  of  the  act  hereby  amended  be,  and  the  same 
is,  hereby  repealed. 

H.  CLAY, 
Sjieaker  of  the  House  of  Representatives. 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore* 

May  22,  1812. 

Approved,         JAMES  MADISON. 


An  ACT  for  the  more  perfect  Organization  of  the  Ar- 
my of  the  United  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hepres entativ es  of  the  U?iited  States  of  America^  in 
Congress  assembled^  That  the  infantry  of  the  army  of 
the  United  States  shall  consist  of  twenty-live  regi- 
ments, and  that  a  regiment  shall  consist  of  one  colo- 
nel, one  lieutenant  colonel,  one  major,  one  adjutaiit, 
one  pay  master,  one  quarter  master,  one  surgeon,  tv/a 
surgeon's  mates,  one  sergeant,  two  principal  musi- 
cians, and  ten  companies. 

Sec.  2,  And  be  it  further  enacted^  That  each  com- 
pany shall  consist  of  one  captain,  one  lieutenant,  one 
second  lieutenant,  one  ensign,  four  sergeants,  six  cor- 
porals, two  musicians,  and  ninety  privates. 

Sec.  3.  And  be   it  further  enacted,  Th3it  to  the  yC" 
gimenc  of  cavalry,  authorized  by  the  aci  passed  Jan« 
uary   eleventh,  one  thousand    eight    hundred  and 
I 


98 


twelve,  entitled  ^^  An  act  to  raise  an  additional  military 
force,"  there  shall  be  added  one  riding  master  :  and 
to  the  regiment  of  light  dragoons,  authorized  by  the 
act  passed,  April  twelfth,  one  thousand  eight  hundred 
and  eight,  entitled  "An  act  to  raise,  for  a  limited  time 
an  additional  military  force,"  one  surgeon's  mate. 

Sec.  4.  And  be  it  further  enacted.,  That  each  troop 
of  cavalry  or  light  dragoons  shall  consist  of  one  cap- 
tain, one  first  lieutenant,  one  second  lieutenant,  one 
cornet,  four  sergeants,  six  corporals,  tv/o  musicians, 
one  master  of  the  sword,  one  saddler,  one  farrier,  one 
blacksmith  and  sixty-four  privates,  and  the  pay  and 
emolument  of  a  master  of  the  sword,  shall  be  the  same 
asthoseofa  riding  master,  and  the  pay  and  emolu- 
ment of  a  blacksmith  shall  be  the  same  as  those  of  a 
farrier. 

Sec.  5.  And  be  it  further  e7iacted^  That  the  mili- 
tary establishment  authorized  by  the  law  previous  to 
the  twelfth  day  of  April  one  thousand  eight  hundred 
and  eight,  and  the  additional  military  force  raised  by 
•virtue  of  the  act  of  the  twelfth  of  April  one  thousand 
eight  hundred  and  eight,  be  and  the  same  are  here- 
by incorporated)  and  that  from  and  after  the  passing 
of  this  act  the  promotions  shall  be  made  through  the 
lines  of  artillerists,  light  artillery,  dragoons,  riflemen 
and  infantry  respectively,  according  to  established 
rules. 

H.  CLAY, 
Sjieqker  of  the  Houae  of  Representatives. 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  temfiore, 
lune  26,  1812.' 

Approved,  JAMES  MADISON. 


A7i  ACT  to'  firovide  for  designating^  surveying-  and, 
granti?ig  the  Military  Bounty  Lands. 

Sec.  1.  Be  it  enacted  by  the  Senate  a?id  House  oj 
Refiresentaiives  of  the  United  States  of  America,  in 
Congress  atsanbkd^  ThatUie  Fresident  of  the  United 


99 


States  be,  and  he  is  hereby  authorized  to  cause  to  be 
t;.urveyed  a  quantity  of  the  public  lands  of  the  United 
States,  fit  for  cultivation,  not  otherwise  appropriated, 
and  to  Avhich  the  Indian  title  is  extinguished,  not  ex- 
ceeding in  the  whole  six  millions  of  acres,  two  mil- 
lions to  be  surveyed  in  the  territory  of  Michigan,  two 
millions  in  the  Illinois  territory,  north  of  the  Illinois 
river,  two  millions  in  the  territory  of  Louisiana,  be- 
tween the  river  St.  Francis,  and  the  river  Arkansas  ; 
the  said  lands  to  be  divided  into  townships,  and  sub- 
divided into  sections  and  quarter  sections,  (each  quar- 
ter section  to  contain,  as  near  as  possible,  one  hun- 
dred and  sixty  acres)  in  the  manner  prescribed  by  law 
for  surveying  and  subdividing  the  ot'er  public  lands 
of  the  United  States  ;  the  same  price  to  be  allowed 
for  surveying  as  is  fixed  for  surveying  the  other  pub- 
lic lands  in  the  same  territory.  And  the  lands  thus 
surveyed,  with  the  exception  of  the  salt  springs  and 
lead  mines  therein,  and  of  the  quantities  of  land  adja- 
cent thereto,,  as  may  be  reserved  for  the  use  of  the 
same  by  the  President  of  the  United  States,  and  the 
section  number  sixteen  in  every  township  to  be  grant- 
ed to  the  inhabitants  of  such  township  for  the  use  of 
public  schools,  shall  be  set  apart  and  reserved  for  the 
purpose  of  satisfying  the  bounties  of  one  hundred  and 
sixty  acres,  promised  to  the  non-commissioned  offi- 
cers and  soldiers  of  the  United  States,  their  heirs  and 
legal  representatives,  by  the  act,  entitled  "  An  act  for 
completing  the  existing  military  establishment,'*  ap- 
proved the  twenty-fourth  day  of  December,  one  thou- 
sand eight  hundred  and  eleven,  and  by  the  act,  enti- 
tled "  An  act  to  raise  an  additional  military  force,** 
approved  the  eleventh  day  of  January,  one  thousand 
eight  hundred  and  twelve. 

Sec.  2.  jl?id  be  it  further  enacted.  That  the  secre- 
tary for  the  department  of  war,  for  the  time  being, 
shall,  from  time  to  time,  issue  M'arrants  for  the  mili- 
tary land  bounties  to  the  persons  entitled  thereto  by 
the  two  last  mentioned  acts,  or  either  of  them  :  Pro* 


100 


vided  always,  That  such  warrants  shall  be  issued  oiv- 
ly  in  the  names  of  the  persons  thus  entitled,  and  be 
by  them  or  their  representatives  applied  for  within 
five  years  after  the  said  persons  shall  have  become  en- 
titled thereto  ;  and  the  said  warrants  shall  not  be  as- 
signable or  transferable  in  any  manner  whatever. 

Sec.  3.  ^nd  be  it  farther  enacted.  That  every  per- 
son in  whose  favor  such  warrants  shall  have  been  is- 
sued, shall,  on  delivery  of  the  same  at  the  office  of  the 
secretary  of  the  treasury,  or  of  such  other  officer  as 
may  at  the  time  have,  by  letw,  the  superintendence  of 
the  general  land  office  of  the  United  States  at  the 
seat  of  goveriiment,  be  entitled  to  draw  by  lot  in  such 
manner  as  the  officer,  at  the  head  of  the  land  office, 
under  the  direction  of  the  President  of  the  United 
States,  may  prescribe,  one  of  the  quarter  sections 
surveyed  by  virtue  of  the  first  section  of  this  act,  in 
either  of  the  said  territories  which  the  person  in  whose 
favor  such  warrant  has  issued  may  designate.  And 
a  patent  shall  thereupon  be  granted  to  such  person, 
for  such  quarter  section,  without  requiring  any  fee 
therefor. 

^  Sec.  4.  And  he  it  further  enacted.  That  no  claim 
for  the  military  land  bounties  aforesaid  shall  be  as- 
si'^^nable  or  transferable  in  any  manner  whatever,  un- 
til after  a  patent  shall  have  been  granted  in  the  man- 
ne.r  aforesaid.  All  sales,  mortgages,  contracts  or 
agreements, of  any  nature  whatever,  made  prior  there- 
to, for  the  purpose,  or  with  intent  of  alienating,  pledg- 
ing or  mortgaging  any  such  claim,  are  hereby  de- 
clared and  shall  be  held  null  and  void  ;  nor  shall  any 
tract  of  land,  granted  as  aforesaid,  be  liable  to  be  tak- 
en in  execution  or  sold  on  account  of  any  such  sale, 
mortgage,  contract  or  agreement,  or  on  account  of 
any  debt  contracted  prior  to  the  date  of  the  patent, 
either  by  the  person  originally  entitled  to  the  land  or 
by  his  heirs  or  legal  representatives,  or  by  virtue  of 
any  process,  or  suit  at   law,  or  judgment  of  court 


lOl 

Rgainst  a  person  entitled   to  receive  his  patent  as 
aforesaid. 

H.  CLAY, 
Sfieaker  of  the  House  of  Rep,resentatwe^, 

WM.  H.  CRAWFORD, 

President  of  the  Senate  fir o  tempore. 
May  6,  1812. 

Approved,  JAMES  MADISON. 

An  ACT  making  further  Provision  for  the  Army  of  the 
United  States,  and  for  other  Purposes, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hefiresentatives  of  (he  United  States  ofAmerica^in  Con- 
gress assembled.  That  the  President  of  the  United  States 
be,  and  he  is  hereby  authorized,  by  and  with  the  advice 
and  consent  of  the  senate,  to  appoint  two  brigadier 
generals,  in  addition  to  those  already  authorized  by 
law,  who  shall  each  be  entitled  to  the  same  number  of 
aids  and  brigade  majors,  as  are  allowed  to  a  brigadier 
general  under  the  act  of  congress  passed  the  eleventh 
of  January,  one  thousand  eight  hundred  and  twelve. 
And  the  said  brigadier  generals,  aids  and  brigade  ma- 
jors, shall  be  entitled  to  the  same  pay  and  emoluments 
as  are  by  law  allowed  to  officers  of  the  same  grade. 

Sec.  2.  And  be  it  further  enacted.  That  to  any  army 
of  the  United  States,  other  tlian  that  in  which  the  ad- 
jutant general,  inspector  general,  quailer  master  gen- 
eral and  paymaster  of  the  army  shall  serve,  it  shall  be 
lawful  for  the  President  to  appoint  one  deputy  adju- 
tant general,  one  deputy  inspector  genera],  one  depu- 
ty quarter  master  general,  and  one  deputy  paymaster 
general,  who  shall  be  taken  from  the  line  of  the  army, 
and  who  shall  each,  in  addition  to  his  pay  and  other 
emoluments,  be  entitled  to  fifty  doiiars  per  month, 
which  shall  be  in  full  compensation  for  his  extra  ser- 
vices. And  that  there  shall  be  to  each  of  the  forego- 
ing deputies  such  number  of  assistant  deputies,  (not 
exceeding  thr^  to  each  department)  as  the  public 
1  2 


service  may  require,  Avho  shall  in  like  manner  be  ta-' 
ken  from  the  line,  and  who  shall  each  be  entitled  ta 
thirty  dollars  per  month,  in  addition  to  his  pay  and  oth- 
er emoluments,  which  shall  be  in  full  compensation 
for  his  extra  services  :  And  provided  also^  That  the 
President  of  the  United  States  be,  and  he  is  hereby 
authorized  to  appoint  any  of  the  officers  named  in  this- 
act  during  the  recess  of  the  Senate,  to  be  submitted 
to  the  Senate  at  their  next  meeting  for  their  advice 
and  consent. 

Sec.  3.  And  be  it  further  enacted^  That  all  letters 
and  packages,  to  and  from  the  adjutant  general  and 
inspector  general,  shall  be  free  from  postage. 

Sec.  4.  And  be  it  further  enacted,  That  the  Presi- 
dent  is  hereby  authorized  to  confer  brevet  rank  on 
such  officers  of  the  army  as  shall  distinguish  them- 
selves by  gallant  actions  or  meritorious  conduct,  or 
who  shall  have  served  ten  years  in  any  one  grade  t 
provided,  That  nothing  hereiti  contained,  shall  be  so 
construed,  as  to  entitle  officers  so  brevetted,  to  any  ad- 
ditional pay  or  emoluments,  except  when  command- 
ing separate  posts,  districtjs  or  detachments,  when 
they  shall  be  entitled  to,  and  receive  the  same  pay  and 
emoluments  to  vrhich  officers  of  the  same  grades  are 
now,  or  hereafter  may  be  allowed  by  law. 

Sec.  5.  A7id  be  it  further  enacted,  That  the  officers^ 
who  shall  not  take  waiters  from  the  line  of  the  army, 
shall  receive  the  pay,  clothing  and  subsistence  allow- 
ed to  a  private  soldier, for  as  many  waiters  as  they  may 
actually  keep,  not  exceeding  the  number  allowed  by 
existing  regulations, 

H.  CLAY, 

Speaker  of  the  House  of  Re/ireseniatives, 

WM.  H.  CRAWFORD, 

'President  of  the  Senate  firo  temjiore^ 
July  6,  1812. 

Approtei^,  JfAMES  MADISON- 


103 

Jn  ACT  resfiecting  the  Pay  of  ike  Army  of  the  UnU 
ted  States, 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  Slates  of  America^  in 
Cangress  assembled^  That  the  officers,  non-commis- 
sioned officers,  musicians,  and  privates  of  the  army  of 
the  United  States,  shall  receive  the  same  pay,  forage, 
rations,  clothing  and  other  emoluments,  as  the  offi- 
cers of  the  same  grade  and  corps,  non-commissioned 
officers,  musicians  and  privates  are  entitled  to  by  the 
act,  entitled  "  An  act  to  raise  for  a  limited  time  an  ad- 
ditional military  force,"  passed  April  twelfth,  one 
thousand  eight  hundred  and  eight ;  and  to  the  aid  de 
camp  of  a  brigadier,  to  a  brigade  quarter  master,  brig- 
ade inspector  and  adjutant,  there  shall  be  allowed  for- 
age for  one  horse  only,  or  in  lieu  thereof  ten  dollars 
per  month  ;  and  to  the  brigade  majors  under  the  act 
passed  January  the  eleventh,  one  thousand  eight  hun- 
dred and  twelve,  there  shall  be  allowed  forage  for  one 
horse,  or  in  lieu  thereof*  ten  dollars  per  month  ;  and 
the  pay  of  a  quarter  master  sergeant,  shall  be  nine 
dollars  per  month. 

H.  CLAY, 
Speaker  of  the  House  of  Representatives^ 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore* 
July  6,  1812. 

Approved,  JAMES  MADISON. 

An  ACT  supplementary  to  "  An  act  authorizing  the 
President  of  the  United  States  to  raise  certain  Corn- 
panics  of  Rangers  for  the  protection  of  the  Frontier 
of  the  United  States** 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America^  i?t. 
Congress  assembled.  That  the  President  of  the  Uni- 
ted States  be,  and  he  is  hereby  authorized  to  raise  ai\ 
additional  company  of  rangers,  when  he  may  deem  k 


104 


necessary  for  the  public  service,  and  on  the  same  pro- 
visions, conditions  and  restrictions  of  the  act  to  which 
this  is  a  supplement. 

Sec.  2.  jincl  be  it  further  e7iactedi  That  for  defray- 
ing the  expenses  thereof,  the  sum  of  eleven  thousand 
two  hundred  and  fifty  dollars  be,  and  the  same  is  here- 
by appropriated,  to  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives* 

WM.  II.  CRAWFORD, 

President  of  the  Senate  firo  tempore, 
July  1,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  supplementary  to  the  Act^  entitled  "  An  Act 
authorizing  the  President  of  the  United  States  to 
accept  and  organize  a  Volunteer  Militarij  Corps, 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of  Rep- 
rese?itatives  of  the  UnitedStates  of  America^in  Congress 
assembled^  That  in  all  cases  where  volunteers  have 
offered  or  hereafter  shall  offer  their  services  to  the 
United  States,  under  the  act,  entitled  "  An  act  author- 
izing the  President  of  the  United  States  to  accept  and 
organize  certain  volunteer  military  corps,"  it  shall 
be  lawful  for  the  President  of  the  United  States  to 
appoint  and  commission  officers  thereto,  by  and  with 
the  consent  of  the  Senate,  any  thing  in  the  act  to  the 
contrary  notwithstanding  :  Provided^  That  prior  to 
the  issuing  of  such  commissions,  the  volunteers 
aforesaid  shall  have  signed  an  enrolment,  binding 
themselves  to  service  conformably  to  the  provisions 
of  the  act  to  which  this  is  a  supplement. 

Sec.  2.  And  be  it  further  enacted,  That  the  Presi- 
dent be  and  he  is  hereby  authorized  to  form  the  corps 
of  volunteers  into  battalions,  squadrons,  regiments, 
brigades  and  divisions,  and  to  appoint  thereto,  by  and 
with  the  <;onsent  of  the  Senate,  general,  field  and 


105 


staff  officers,  conformably  with  the  military  establish- 
ment of  the  United  States,  and  who  shall  be  entitled 
to  the  pay  and  emoluments  of  officers  of  a  similar 
grade  and  corps  in  the  army  of  the  United  States. 

S'EC.  3.  And  be  it  further  enacted^  That  it  shall  be 
lawful  for  the  President  of  the  United  States  in  the 
recess  of  the  Senate  to  appoint  all  the  officers  author- 
ized by  this  act,  which  appointments  shall  be  submit- 
ted to  the  Senate  at  their  next  session,  for  their  ad- 
vice and  consent. 

Sec.  4.  And  be  it  further  enacted^  That  in  case  the 
volunteers,  when  their  term  of  service  shall  have  ex- 
pired, shall  deliver  their  stand  of  arms  and  accoutre- 
ments, in  good  order,  to  the  proper  officer,  they  shall 
be  entitled  to  receive  in  lieu  thereof,  ten  dollars  for 
every  stand  of  arms  so  delivered. 

H.  CLAY, 

Sfieaker  of  the  House  of  Refiresentatives. 

WM.  H.  CRAWFORD, 

President  of  the  Senate  fir o  temfiore. 

July  6,  1812.     Approved,       JAMES  MADISON. 

^n  ACT  to  regulate  the  Paij  of  the  J^on-Commismoned 
Officers^  Musicians  and  Privates  of  the  Militia  ofth& 
United  States,  ivhen  called  into  actual  Service,  and 
for  other  Pur/ioses. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Refiresentatives  of  the  United  States  of America^ip  Con- 
gress assembled,  That  from  and  after  the  passing  of 
this  act,  the  allowance  of  bounty,  clothing  and  pay  to 
the  non-commissioned  officers,  musicians  and  privates 
of  the  infantry,  artillery  and  cavalry  of  the  militia  of 
the  United  States,  when  called  into  actual  service, 
shall  be  at  the  rate  per  month,  as  follows  :  Each  ser- 
geant major  and  quarter  master  sergeant,  nine  dol- 
lars ;  each  drum  and  fife  major,  eight  dollars,  and 
thirty-three  cents  j  each  sergeant,  eight  dollars  j  each 


106 


corporal,  drummer,  fifcr  and  trumpeter,  seven  dol- 
lars, and  thirty-three  cents  ;  each  farrier,  saddler  and 
artificer,  (included  as  a  private)  eight  dollars  ;  each 
gunner,  bombardier  and  private,  six  dollars,  and  six^ 
ty-six   cents. 

Sec.  2.  And  be  it  further  evaded^  That  in  addition 
to  the  monthly  pay,  there  shall  be  allowed  to  each  ofi 
ficer,  non-commissioned  officer,  musician  and  private 
of  the  cavalry,  for  the  use  of  liis  horse,  arms  and  ac 
coutrements,  and  for  the  risk  thereof,  except  of  hors 
cs  killed  in  action,  forty  cents  per  day ;  and  to  each 
non-commissioned  officer,musician  and  private,  twen- 
ty-five cents,  per  day,  in  lieu  of  rations  and  forage 
when  they  shall  provide  the  same. 

Sec.  3.  And  be  it  further  enacted,  That  whenever 
the  militia  shall  be  called  into  the  actual  service  ol 
the  United  States,  their  pay  shall  be  deemed  to  com- 
mence from  the  day  of  their  appearing  at  the  places 
of  battalion,  regimental  or  brigade  rendezvous;  allow- 
ing to  each  non-commissioned  officer,  musician  and; 
private  soldier,  a  day's  pay  and  rations  for  every  fif- 
teen miles  from  his  home  to  such  place  of  rendez-a 
vous,  and  the  same  allov/ance  /or  travelling  home! 
from  the  place  of  discharge^  I 

Sec.  4.  And  be  it  further  enacted^  That  in  addition, 
to  the  pay  heretofore  authorized  by  law,  there  shall 
be  allowed  and  paid  to  the  non-commissioned  officers^ 
musicians  and  privates  of  the  militia  lately  called 
forth  into  the  actual  service  of  the  United  States,  on. 
an  expedition  to  Fort  Pitt,  such  sums  as  shall,  with 
the  pay  heretofore  by  law  established,  be  equal  to  the; 
allowances  respectively  provided  in  the  first  and  sec- 
ond sections  of  this  act.  Provided  iievertheless^  That 
the  compensations  made  by  any  state,  to  the  militia 
called  forth  from  such  state,  shall  be  deemed  to  be 
included  hi  the  additional  allowance  authorized  by 
this  act ;  and  such  state  shall  be  entitled  to  receive 
from  the  treasury  of  the  United  States,  such  sums  as 
they  shall  have  paid,  or  allowed  to  the  non-commis- 


107 

sioned  officers,  musicians  and  privates,  over  and  above 
the  pay  heretofore  allowed  by  law,  and  not  exceeding 
the  additional  allowance  granted  by  this  act. 

Sec.  5.  And  be  it  further  enacted.  That  for  the 
completing  and  better  supporting  the  nailitary  estab- 
lishment of  the  United  States,  as  provided  by  the  act, 
entitled,  "  An  act  making  further  and  more  effectual 
provision  for  the  protection  of  the  frontiers  of  the 
United  States,"  there  shall  be  allowed  and  paid,  from 
and  after  the  first  day  of  January,  one  thousand  seven 
•hundred  and  ninety-five,  to  each  non-commissioned 
officer,  musician  and  private  now  in  service,  or  here- 
after to  be  enlisted,  the  additional  pay  of  one  dollar 
per  month,  during  the  terms  of  their  respective  en- 
listments ;  and  to  each  soldier  now  in  the  service  of 
the  United  States,  or  discharged  therefrom,  subse- 
quent to  the  third  day  of  March  last,  who  shall  re-enlist 
after  the  firstday  of  January  next,  an  additional  boun- 
ty of  eight  dollars,  making  the  entire  bounty  sixteen 
dollars  ;  and  to  each  person  not  now  in  the  army  of 
the  United  States,  or  discharged  as  above,  who  shall 
enlist  after  the  said  first  day  of  January  next,  an  addi- 
tional bounty  of  six  dollars,  making  the  entire  bounty 
fourteen  dollars  ;  but  the  payment  of  four  dollars  of 
each  additional  bounty  hereby  granted,  shall  be  de- 
ferred, until  the  soldier  enlisting  shall  join  the  regi- 
ment or  corps,  in  which  he  is  to  serve. 

Sec.  6.  A7id  be  it  further  enacted,  That  to  those 
in  the  military  service  of  the  United  States,  who  arc, 
or  shall  be  employed  on  the  western  frontiers,  there 
shall  be  allowed,  during  the  time  of  their  being  so 
employed,  two  ounces  of  flour  or  bread  and  two  oun- 
ces of  beef  or  pork,  in  addition  to  each  of  their  ra- 
tions, and  half  a  pint  of  salt  in  addition  to  every  hun- 
dred of  their  rations. 

Approved,  January  the  second,  1795  : 

GEORGE  WASHINGTON, 

President  of  the  United  Stat  a. 


108 


I 


An  ACT  to  firovide  for  calling  forth  the  Militia  to  ext 
cute  the  Laivs  of  the  Union^  sujifiress  Insurrectiojis-i  ani 
repel  linvasions  i  and  to  repeal  the  Act  now  in  force  fa 
those  Purposes, 

Sec.  1 .  Be  it   enacted  by   the    Senate   and  House  Q 
Representatives   of  the    United   States   of  America^  i 
Congress  assembled^  That  whenever  the  United  Statej 
shall  be  invaded,  or  be  in  imminent  danger  of  invasioi 
from  any  foreign  nation  or    Indian  tribe,  it  shall  b 
lawful  for  the  President  of  the  United   States,  to  ca 
forth  such  number  of  the  militia  of  the  state,  or  statej 
most  convenient  to  the  place  of  danger,  or  scene  o 
action,  as  he   may  judge  necessary  to  repel  such  in 
vasion,  and  to  issue    his  orders  for  that  purpose,  t 
such  officer  or  officers  of  the  militia,  as  he  shall  thin! 
proper.     And  in  case  of  an  insurrection  in  any  stat 
against  the  goveinment  thereof,  it  shall  be  lawful  f( 
the   President  of  the  United   States,  on  application 
the  legislature  of  such  state,  or  of  the  executive  (whefi 
the  legislature  cannot  be  convened)  to  call  forth  suc^ 
number  of  the  militia  of  any  other  state  or  states,  at 
may  be  applied  for,  as  he  may  judge  sufficient  to  sup- 
press such  insurrection. 

Sec.  2.  Jnd  be  it  further  enacted^  That  whenevei 
the  laws  of  the  United  States  shall  be  opposed,  or  the 
execution  thereof  obstructed,  in  any  state,  by  com- 
binations too  powerful  to  be  suppressed  by  the  ordinarj 
course  of  judicial  proceedings,  or  by  the  powers  vest 
ed  in  the  marshals  by  this  act,  it  shall  be  lawful  for  the 
President  of  the  United  States,  to  call  forth  the  mili 
tia  of  such  state,  or  of  any  other  state  or  states,  as  maj 
be  necessary  to  suppress  such  combinations,  and  t( 
cause  the  laws  to  be  duly  executed  ;  and  the  use  o 
militia  so  to  be  called  forth,  may  be  continued  if  ne 
cessary,  until  the  expiration  of  thirty  days  after  th« 
commencement  of  the  then  next  session  of  Congress 

Sec.  3.  Provided  always^  and  be  it  further  enactea 
That  whenever  it  may  be  necessary,  in  the  judgmen 
of  the  President,  to  use  the  military  force  hereby  di 


109 


rccted  to  be  called  forth,  the  President  shall  forth* 
with,  by  proclamation,  command  such  insurgents  to 
disperse  and  retire  peaceably,  to  their  respective 
abode,  within  a  limited  time. 

Sec.  4.  And  be  it  further  enacted.  That  the  militia 
employed  in  the  service  of  the  United  States,  shall 
be  subject  to  the  same  rules  and  articles  of  war,  as 
the  troops  of  the  United  States :  And  that  no  officer, 
non-commissioned  officer,  or  private  of  the  militia, 
shall  be  compelled  to  serve  more  than  three  months, 
after  his  arrival  at  the  nlace  of  rendezvous,  in  any  one 
year,  nor  more  than  in  due  rotation  with  every  other 
able-bodied  man  of  the  same  rank  in  the  battalion  to 
which  he  belongs. 

Sec.  5.  And  be  it  further  enacted,  That  every  offi- 
cer, non-commissioned  officer,  or  private  of  the  mili- 
tia, who  shall  tail  to  obey  the  orders  of  the  President 
of  the  United  States,  in  any  of  the  cases  before  recit- 
ed, shall  forfeit  a  sum  not  exceeding  one  year*s  pay 
and  not  less  than  one  month's  pay,  to  be  determined 
and  adjudged  by  a  court  martial;  and  such  officer 
shall,  moreover,  be  liable  to  be  cashiered  by  senrence 
of  a  court  martial,  and  be  incaj.ucitated  from  holding 
a  commission  in  the  militia,  for  a  term  not  exceeding 
twelve  months,  at  the  discretion  of  the  said  court : 
And  such  non-com niissioned  officers  and  privates 
shall  be  liable  to  be  imprisoned,  by  a  like  sentence,  on 
failure  of  payment  of  the  fines  adjudged  against  them, 
for  one  calendar  month,  for  every  five  dollars  uf  such 
line. 

Sec.  6.  And  be  it  further  enacted.  That  courts  mar- 
tial for  the  trial  of  militia,  shall  be  composed  of  mili- 
tia officers  only* 

Sec.  7.  And  be  it  further  enacted,  That  all  fines  to 
be  assessed,  as  aforesaid,  shall  be  certified  by  the  pre- 
siding officer  of  the  court  martial,  before  whoui  the 
same  shall  be  assessed,  to  the  marshrl  of  th^  district, 
in  which  the  delinquent  sh^H  reside,  or  to  one  of  his 
deputies,  and  also  to  the  supervisor  of  the  revenue  ol 
K 


110 


the  same  district,  who  shall  record  the  said  certificate 
in  a  book  to  be  kept  for  that  purpose.  The  said  mar- 
shal, or  his  deputy,  shall  Yorthwith  proceed  to  levy  the 
said  fines  with  costs,  by  distress  and  sale  of  the  goods 
and  chattels  of  the  delinquent ;  which  costs  and  the 
manner  of  proceeding,  with  respect  to  the  sale  of  the 
goods  distrained,  shall  be  agreeable  to  the  laws  of  the 
state,  in  which  the  same  shall  be,  in  other  cases  of 
distress.  And  where  any  non-commissioned  officer 
or  private  shall  be  adjudged  to  suffer  imprisonment, 
there  being  no  goods  or  chattels  to  be  found,  whereof 
to  levy  the  said  fines,  the  marshal  of  the  district,  or 
his  deputy,  may  commit  such  delinquent  to  gaol,  dur- 
ing the  term,  for  which  he  shall  be  so  adjudged  to 
imprisonment,  or  until  the  fine  shall  be  paid,  in  the 
same  manner,  as  other  persons  condemned  to  fine 
and  imprisonment,  at  the  suit  of  the  United  States, 
may  be  committed. 

Sec.  8.  Ajid  be  it  further  enacted^  That  the  mar- 
shals and  their  deputies  shall  pay  all  such  fines  by 
them  levied,  to  the  supervisor  of  the  revenue,  in 
the  district  in  which  they  are  collected,  within  two 
months  after  they  shall  have  received  the  same,  de- 
ducting therefrom,  five  per  centum,  as  a  compensa- 
tion for  their  trouble ;  and  in  case  of  failure,  the 
same  shall  be  recoverable  by  action  of  debt  or  infor- 
mation, in  any  court  of  the  United  States,  of  the  dis- 
trict in  which  such  fines  shall  be  levied,  having  cog- 
nizance thereof,  to  be  sued  for,  prosecuted,  and  recov- 
ered, in  the  name  of  the  supervisor  of  the  district, 
•with  interest  and  costs. 

Sec.  9.  And  be  it  further  enacted^  That  the  marshals 
of  the  several  districts,  and  their  deputies,  shall  have 
the  same  powers  in  executing  the  laws  of  the  United 
States,  as  sheriffs  and  their  deputies,  in  the  several 
states,  have  by  law,  in  executing  the  laws  of  the  re- 
spective states. 

Sec.  10.  And  be  it  further  enacted^  That  the  act, 
entitled, "  An  act  to  provide  for  calling  forth  Uie  mill- 


Ill 

tia,  to  execute  the  laws  of  the  Union,  suppress  insur- 
rections and  repel  invasions,  passed  the  second  day 
of  May,  one  thousand  seven  hundred  and  ninety -two, 
shall  be,  and  the  same  is  hereby  repealed. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Sfieaker  of  the  House  of  Reliresentati-vea. 
HENRY  TAZEWELL,  PrmV/^72^o/'/Ae 
Senate  pro  temfiore. 
Approved,  February  the  28th,  1795  : 

GEORGE  WASHINGTON, 

President  cf  the  United  States. 


An  ACT  to  authorize  a  Detachment  from  the  Militiu 
of  the  United  States, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
jRefiresenfatives  of  the  United  States  of  America^  in 
Congress  assembled^  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  require  of 
the  executives  of  the  several  states  and  territories, 
to  take  effectual  measures  to  organize,  arm  and 
equip,  according  to  law,  and  hold  in  readiness  to 
inarch  at  a  moment's  warning,  their  respective  pro- 
portions of  one  hundred  thousand  militia,  officers  in- 
cluded, to  be  apportioned  by  the  President  of  the 
United  States,  from  the  latest  militia  returns  in  the 
department  of  war;  and  in  cases  where  such  returns 
have  not  been  made,  by  such  other  data  as  he  shall 
judge  equitable. 

Sec.  2.  And  be  it  further  enacted^  That  the  detach- 
ment of  militia  aforesaid  shall  be  officered  out  of  the 
present  militia  officers,  or  others,  at  the  option  and 
discretion  of  the  constitutional  authority  in  the  res- 
pective states  and  territories ;  the  President  of  the 
United  States  apportioning  the  general  officers  among 
the  respective  states  and  territories,  as  he  may  deem 
proper ;  and  the  commissioned  officers  of  the  militia, 
when  called  into  actual  service,  shall  be  entitled  to 
the  same  pay,  rations  and  emoluments  as  the  officers 
of  the  army  of  the  United  States. 


112 


Sec.  3.  .4nd  be  it  further  enacted,  That  the  said  de- 
tachment shall  not  be  compelled  to  serve  a  longer 
time  than  six  months  after  they  arrive  at  the  place  of 
rendezvous  ;  and  during  the  time  of  their  service  the 
non-commissioned  officers,  musicians  and  privates 
shall  be  entitled  to  the  same  pay  and  rations  as  is  pro- 
vided by  law  for  the  militia  of  the  United  States  when 
called  into  actual  service. 

Sec.  4.  And  be  it  further  enacted,  That  the  Presi- 
dent of  the  United  States  be,  and  he  hereby  is  author- 
ized to  call  into  actual  service  any  part  or  the  whole 
y>i  said  detachment  in  all  the  exigencies  provided  by 
the  constitution  ;  and  the  officers,  non-commissioned 
officers,  musicians  and  privates,  of  the  said  detach- 
ment, shall  be  subject  to  the  penalties  of  the  act,  en- 
titled "  An  act  for  calling  forth  the  militia  to  execute 
the  laws  of  the  union,  suppress  insurrections  and  re- 
pel invasions,  and  to  repeal  the  act  now  in  force  for 
those  purposes,'*  passed  the  28th  day  of  February, 
1795  ;  and  if  a  part  only  of  said  detachment  shall  be 
called  into  actual  service,  they  shall  be  taken  from 
such  part  thereof  as  the  President  of  the  United  States 
shall  deem  proper. 

Sec.  5.  jind  be  it  further  enacted,  That  no  non- 
commissioned officer,  musician  or  private,  belonging 
to  the  aforesaid  detachment  of  militia,  who  shall  be 
ordered  into  actual  service  by  the  President  of  the 
United  States,  shall  be  subject  to  corporal  punishment, 
by  whipping,  any  thing  contained  in  any  act  to  the 
contrary  notwithstanding. 

Sec.  6.  And  be  it  further  enacted,  That  in  lieu  of 
whipping,  as  provided  by  several  of  the  rules  and  ar- 
ticles of  war,  as  now  used,  and  practised  stoppage  of 
pay,  confinement  and  deprivation  of  part  of  the  ra- 
tions, shall  be  substituted  in  such  manner  as  is  herein- 
after provided. 

Sec.  7.  And  be  it  further  enacted,  That  any  non- 
commissioned officer  or  private,  belonging  to  the 
aforesaid  detachment  of  militia,  who  shall,  while  in 


113 


actual  seryice,  be  convicted  before  any  court  martial 
of  any  offence,  which,  before  the  passing  of  this  act, 
might,  or  could  have  subjected  such  person  to  be 
whipped,  shall,  for  the  first  offence  be  put  under  such 
stoppages  of  pay  as  such  court  martial  shall  adjudge, 
not  exceeding  the  one  half  of  one  month's  pay  for 
any  one  offence  ;  but  such  offender  may,  moreover, 
at  the  discretion  of  such  court  martial,  be  confined 
mnder  guard,  on  allowance  of  half  rations,  any  length, 
■of  time,  not  exceeding  ten  days  for  any  one  offence; 
or  may,  at  the  discretion  of  such  court  martial,  be 
publicly  drummed  out  of  the  army. 

Sec.  8.  And  be  it  further  enacted.  That  the  sum  of 
one  million  of  dollars  be,  and  the  same  is  hereby  ap- 
propriated to  be  paid  out  of  any  monies  in  the  treasu- 
ry not  otherwise  appropriated,  towards  defraying  any 
expense  incurred  by  virtue  of  the  provisions  of  this 
act. 

Sec.  9.  And  be  it  further  enacted,  That  this  act 
shall  continue  and  be  in  force  for  the  term  of  two 
years  from  the  passing  thereof,  and  no  longer. 

April  10,  1812.    Approved,     JAMES  MADISON. 

Extract  from  the  Militia  Lano  of  the  Htutt:  of  JVciv-york,  passed 
March  29,  1808. 

Sec.  68.  And  be  it  farther  etiacted,  That  the  commander  in 
chief  of  this  state  may  in  case  of  invasion  or  other  emergency, 
when  he  shall  judge  it  necessary,  order  out  any  proportion  of 
the  militia  of  this  state,  to  march  to  any  part  thereof  and  continue 
as  long  as  he  may  think  necessary,  and  may  likewise  in  conse- 
quence of  an  application  of  the  executive  of  any  of  die  United 
States,  of  an  invasion  or  an  insurrection,  or  an  apprehension  of  an 
invasion  of  such  state,  at  his  discretion,  order  any  number  of 
the  militia  not  exceeding  one  third  part  thereof,  to  such  state  : 
Provided,  That  they  be  not  compelled  to  continue  on  duty  out 
of  this  state,  more  than  forty  days  at  any  one  time  :  th&t  while 
in  actual  service  in  consequence  of  being  so  called  out,  they 
shall  receive  the  same  pay  and  rations  and  be  subject  to  the 
same  rules  and  regulations"  as  the  troops  of  the  United  States  ot 
America. 


114 
nEGTJLATI0:N'8. 

THE  President  is  pleased  to  direct,  that  the  follow-' 
ing  regulations  be  observed  in  relation  to  waiters  : 

Major  generals  will  be  entitled  to  six  waiters — • 
brigadier  generals  four — colonels  three— lieuten- 
ant colonels  two — majors  two — hospital  surgeons 
two — and  all  other  commissioned  officers  one  each. 

And  whereas  by  an  act  of  July  6tb,  1812,  it  is  pro- 
vided "  That  officers  who  shall  not  take  waiters  from 
the  line  of  the  army,  shall  receive  the  pay,  clothing 
and  subsistence  allowed  to  a  private  soldier,  for  as 
many  waiters  as  they  shall  actually  keep,  not  exceed- 
ing the  number  allowed  by  existing  regulations  :" 
those  officers  who  actually  keep  waiters  not  of  the  ar- 
iTiyj  will  be  allowed  to  draw  money  in  lieu  of  clothing 
and  subsistence — the  clothing  will  be  estimated  at 
the  contract  price,  to  be  fixed  by  the  commissary  gen- 
eral J  and  subsistence  will  be  estimated  at  twenty 
cents  per  ration,  conformably  to  the  act  of  April  12th, 
1808. 

The  proper  vouchers  for  officers  claiming  allowance 
under  the  foregoing  provisions  of  this  act,  will  be  the 
certificate  of  the  officer  that  he  actually  employed  and 
kept  in  service  the  number  of  waiters  charged,  not  of 
the  army;  and  that  he  did  not,  during  the  term  so 
charged,  keep  or  employ  as  waiters  or  servants,  sol- 
diers from  the  line  of  the  army. 

Done  at  the  War-Office  of  tlie  United  States,  in 
the  city  of  Washington,  this  20th  day  of  July,  in 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  twelve. 

(Signed)  W.  EUSTIS. 


115 


Eecruiting  Instructions. 

Officers  charged  with  the  recruiting  service  of 
their  respective  regiments,  will  receive  money  for 
bounties  and  premiums,  from  the  paymaster  of  the  ar- 
my ;  and  for  contingent  service,  from  the  accountant 
of  the  war  department  :  for  all  which  they  will  give 
duplicate  receipts. — Captains  or  principal  officers  re- 
cruiting for  companies  will  receive  money  for  boun- 
ties, premiums  and  contingencies  from  the  officer 
commanding  the  regiment,  for  which  they  will  give 
duplicate  receipts,  and  be  held  accountable  to  the 
accountant  cf  the  department  of  war.  They  v/ill  also 
on  the  order  of  the  commanding  officer  of  the  regi- 
ment receive  from  the  proper  officer,  clothing,  arms, 
accoutrements  and  camp  equipage  for  their  recruits, 
for  which  they  will  give  the  proper  duplicate  receipts, 
and  be  held  accauntable. 

Each  recruiting  officer  will  transmit  a  statement  of 
his  accounts,  monthly,  to  the  commanding  officer  of 
the  regiment,  who  will  transmit  the  same  with  his 
own  accounts  to  the  accountant  of  the  war  department. 

Officers  recruiting  for  companies,  will  be  held  res- 
ponsible for  the  good  conduct  of  their  recruits,  and 
■will  transmit  correct  returns,  weekly,  to  the  com- 
manding officer  of  the  regiment. 

Commanding  officers  of  regiments  will  be  held  res- 
ponsible for  the  good  conduct,  order  and  discipline  of 
their  corps,  and  will  transmit,  weekly  returns  to  the 
adjutant  general's  office,  shewing  the  strength  and 
disposition  of  the  regiment,  the  state  of  its  discipline, 
and  the  alterations  since  last  return. 

Persons  charged  with  the  delivery  of  clothing, 
arms,  accoutrements,  ammunition,  camp  equipage, 
medicine  and  provisions,  will  furnish  these  articles 
respectively,  on  the  order  of  commanding  officers  of 
regiments,  when  actually  on  the  recruiting  service. 

When  a  recruiting  officer  shall  send  a  party  of  re- 
cruits to  the  regiment)  he  will  transmit  to  the  com. 


116 


manding  officer  an  exact  statement  of  each  man's  ac- 
count, as  respects  subsistence,  clothing,  bounty  and 
pay,  which  will  be  entered  in  the  books  of  the  com- 
pany. 

Recruits  are  to  be  free  from  sore  legs,  scurvy, 
scalled  head,  ruptures,  and  other  infirmities.  The 
age  is  to  be  conformable  to  law  ;  but  healthy,  active 
boys,  between  fourteen  and  eighteen  years  of  age, 
may  be  enlisted  for  musicians.  In  all  cases  where 
minors  or  apprentices  are  enlisted,  the  consent  in 
writing,  of  the  parent,  master,  or  guardian,  if  any  such 
there  be,  is  to  be  obtained,  and  accompany  the  enlist- 
/  ment. 

No  objection  is  to  be  made  to  a  recruit  for  want  of 
size,  provided  he  is  strong,  active,  well  made,  and 
healthy. 

As  soon  as  convenient,  and  within  six  days  at  far- 
thest, from  the  time  of  enlistment,  every  recruit  shall 
be  brought  before  a  magistrate,  and  take  and  sub- 
scribe the  oath  required  by  law,  according  to  the  form 
prescribed. 

All  recruits  are  to  be  mustered  by  the  officer  com- 
manding the  regiment.  When  a  recruit  is  rejected,  his 
clothing,  if  delivered,  and  the  bounty  advanced  to  him^ 
are  to  be  returned  ;  for  which  the  recruiting  officer 
will  be  held  accountable. 

If  any  recruit  who  has  received  the  bounty,  or  a 
part  of  it  shall  abscond,  he  is  to  be  pursued  and  pun- 
ished as  a  deserter. 

Each  officer  who  is  engaged  in  the  recruiting  ser- 
vice, will  procure  the  necessary  transportation,  forage, 
fuel,  straw  and  stationary  ;  taking  care  to  have  his  ac- 
counts therefor  supported  by  proper  vouchers. 

Recruiting  officers  who  have  no  enlisted  musicians, 
are  authorized  to  engage  a  drummer  and  fifer,  at  a 
sum  not  exceeding  fifteen  dollars  per  month,  and  one. 
ration  per  day  each. 


117 

• » • « 

No  recruit  can  be  discharged,  except  by  an  order 
from  the  secretary  of  war. 

By  Order  of  the  Secretary  of  War, 

Adjutant  General's  Office, 

Washington  City,  ^\st  July,  1812. 

T.  H.  GUSHING,  Adjutant  General 

Adjutant  General's  Office, 

Washington  City,  5th  Se/it»  1812. 

The  proceedings  of  general  courts  martial,  which 
in  time  of  peace  are  to  be  submitted  to  the  President 
of  the  United  States,  before  the  same  can  be  carried 
into  execution,  will  during  the  continuance  of  the  war, 
be  laid  before  the  general  officer  having  the  command 
of  the  department,  within  which  such  general  courts 
martial  may  be  held,  for  his  confirmation  or  disappro- 
val, and  orders  in  the  case,  agreeably  to  the  provisions 
of  the  65th  article  of  the  act  entitled  '<An  act  for 
establishing  rules  and  articles  for  the  government  of 
the  armies  of  the  United  States." 

By  Order  of  the  Secretary  of  War, 

T.  H.  GUSHING,  Jdjutaiu  General. 


Enlistment. 

STATE  OF 
I  born  in  aged         years,         feet 

inches  high,  of        complexion,  eyes,  hair, 

and  by  profession  a  do  hereby  acknowledge  to 

have  this  day  voluntarily  enlisted  as  a  soldier  in  the 
army  of  the  United  States  of  America,  for  the  period 
of  five  years,  [or  eighteen  months,  as  the  case  may  6e'] 
unless  sooner  discharged  by  proper  authority :  do  al- 


118 


SO  agree  to  accept  such  bounty,  pay,  rations  and  clo- 
thing, as  is  or  may  be  established  by  law.     And  I 

do  solemnly  swear,  that  I  will  bear  true  faith 
and  allegiance  to  the  United  States  of  America,  and 
that  I  will  serve  them  honestly  and  faithfully  against 
their  enemies  or  opposers  whomsoever  ;  and  that  I 
■will  observe  and  obey  the  orders  of  the  President  of 
the  United  States,  and  the  orders  of  the  officers  ap- 
pointed over  me,  according  to  the  rules  and  articles 
of  war. 

Sworn  and  subscribed  to,  at  this  dav  of 

181 


Before 


Beceipt, 


Received  of  of  the  United  States  army, 

this  day  of  181  dollars,  in  part 

of  my  bounty  for  enlisting  into  the  army  of  the  United 
States  for  Signed  duplicate  receipts. 

Dollars. 
Witness. 

Form  of  Enlistment  for  Volunteers. 

We  the  subscribers  do  hereby  volunteer  and  offer 
our  services  to  the  United  States,  under  and  pursu- 
ant to  the  act  of  congress,  entitled  "  An  act  to  author- 
ize a  detachment  from  the  militia  of  the  United 
States,"  passed  the  10th  day  of  April,  1812,  and  as  a 
part  of  the  detachment  of  thirteen  thousand  five  hun- 
dred men,  required  by  general  orders  of  the  com- 
mander in  chief,  bearing  date  the  twenty -first  day  of 
April,  1812.  In  testimony  whereof,  we  have  here- 
unto subscribed  our  names,  the         day  of         181 

«'■'■""  1  Sri  1  "tiX- 1 «-"  I  «'■">--  I  ^^'^ 


FOR  SALE,   AT 

Websters  &  Skinners'^  Bookstore^  Mbany. 

REGULATIONS,  for  the  Field  Exercise,  Maneu- 
vres,  and  Conduct  of  the  Infantry  of  the  United  States  ; 
drawn  up  and  adapted  to  the  organization  of  the  Mili- 
tia and  Regular  Troops — By  Col,  Alexander  Smyth, 
by  order  of  the  Secretary  of  War — With  34  explanato- 
ry plates — Price  4  dolls,  full  bound,  30s.  in  boards. 

PRACTICAL  INSTRUCTIONS  for  Military 
Officers;  comprehending  a  concise  system  of  Military 
Geometry,  Field  Fortification  and  Tactics  of  Riflemen 
and  Light  Infantry,  /ilso,  the  scheme  for  forming  a 
corps  of  partisan,  and  carrying  on  the  Petite  Guerre^  by 
Roger  Stevenson,  Esq.  revised,  corrected  and  enlarged. 
To  which  is  annexed,  a  new  Military  Dictionary  ; 
containing  the  French  words  and  other  technical  terms, 
now  used  in  the  art  of  war ;  with  other  matter  con- 
nected with  military  operations — Illustrated  with  plates, 
by  E.  HoYT,  Brigade  Major  and  Inspector  in  the  Mi- 
litia of  Massachusetts — Price  28s. 

A  TREATISE  on  the  Art  of  War ;  containing  the 
the  principles  of  offensive  and  defensive  operations; 
with  rules  for  carrying  on  the  Petite  Guerre^  or  War 
of  Posts,  and  the  method  of  attack  and  defence  in  sieg- 
es.    Illustrated  by  24  plates — Price  28s. 

MANEUVRES  of  Horse  Artillery— By  General 
KosciusKi ;  written  in  Paris  in  the  year  1800,  at  the 
request  of  Gen.  Wm,  R.  Davie,  then  envoy  from  the 
U.  States  to  France.  Translated,  with  Notes  and  De- 
scriptive Plates,  by  Jonathan  Williams,  Colonel 
Commandant  of  the  Corps  of  Engineers,  and  President 
of  the  United  States  Military  Philosophical  Society- 
Price  16s. 

STEVENS*  System  for  the  Discipline  of  the  Ar- 
tillery of  the  United  States  ;  or,  the  Young  Artille- 
rist*s  Pocket  Companion,  yrith  plates--*Price  93. 


STEUBEN*s  Manual  Exercise  ;  or  the  Order  and 
Discipline  for  the  Troops  of  the  U.  States — Price  8s. 

ABSTRACT  of  Col.  Herries*s  Instructions  for 
Vohinteer  Corps  of  Cavalry,  adapted  to  the  use  of  the 
Volunteer  and  Militia  Cavalry  of  the  United  States— 
Price  18  s. 

AN  ELUCIDATION  of  Regulations  for  the  for- 
mations and  movements  of  Cavalry — By  Robert 
Heives — Price  20s. 

VAN  HORNE's  Instructions  for  the  Cavalry  of 
the  State  of  New-York — Price  3s. 

THE  DEFENCE  of  Picquets,  relative  to  service 
in  the  field  ;  for  the  use  of  Officers  of  Infantry — By 
Citizen  Fosse,  formerly  a  Lieut.  Col.  in  the  service  of 
the  French  Republic — Price  2s. 

THE  MILITIA  LAW— -Price  2s6d. 

Brigade,  Regimental,  and  Company  Inspection  Re- 
turns—Muster  Rolls,  Serjeant's  Warrants,  &c. 


Recruiting  Instructions. 

ADJUTANT  GENERAL'S  OFFICE, 

Washington  City^  15  January^  1813. 
The  following  recruilinj^  districts  are  esiabiished 
-wiihin  the  stale  of  New- York  : 

New- York,  three  districts  ;  the  first  to  inchule 
that  pat't  of  the  state  lying  south  of  Poughkeepsiei 
principal  rendezvous 

The  second  to  include  all  north  of  Poughkeepsie 
and  east  of  Utica,  principal  rendezvous 

The  third  to  include  the  remuining  part  of  the 
state,  principal  rendezvous  Caijandai^^ua. 

Each  district  will  be  placed  under  the  superintend- 
ence of  a  field  officer,  who  will  have  deposited  at  the 
principal  rendezvous  a  suflicient  quantity  of  clothing, 
arms,  accoutrements,  ammunition,  camp  equipage, 
and  medicine,  for  all  the  men  to  be  recruited  within 
the  district.     He  will  be  furnished  with  money,  for 
bounties  and  premiums  by  the  paymaster  of  the  ar- 
my and  for  contingent  service,  by  the  War  Depart- 
ment, and  will  employ  every  captain  and  subaltern 
within  the  district  (not  on  other  duty  by  order  of  a 
superior  officer)  on  the  recruiting  service  for  the  re- 
giment to  which  such  captains  and  subalterns  may 
belong,  and  will  supply  them  with  moneys  clothing, 
&c.  for  this  purpose,  taking  their  duplicate  receipts, 
holding  them   accountable  to  the  accountant  of  the 
department  of  war  ;  and  he  will  transmit  to  the  said 
department  a   statement  of  his    accounts   weekly, 
showing  the  amount  of  money,  clothing,  &c.  receiv- 
ed and  distributed,  and  the  balance  remaining  on 
hand.     He  will  be  held  strictly  responsible  for  the 
good  conduct,  order  and  discipline  of  the  corps  with- 
in his  district,  and  will  transmit  weekly  returns  to 
this  office,  shov,'ing  the  name,  rank,  regiment,  and 
station  of  every  officer,  employed  by  him  on  the  re- 
cruiting service,  the  strength  of  their  parties  and  the 
alteraiions  since  last  return ;  and  he  will  use  every 
possible  exertion  to  promote  the  said  service,  by  vis- 
iting the  different  rendezvous  within  his  district,  and 
by  directing  his  recruiting  officers  to  plctces  where 
they  are  known,  or  such  as  promise  most  success — 
He  will  be  furni'ihed  with  a  copy  of  the  contract  for 


-2 
the  territory  included  in  his  district,  and  will  give 
due  notice  to  the  contractor  or  his  agent,  for  supply- 
ing his  parties  with  provisions,  at  such  places  within 
the  disttict,  as  he  may  deem  necessary.  And  that 
there  may  be  no  unnecessary  delay  in  paying  the 
recruits,  agreeably  to  law,  he  will  transmit  regular 
sets  oi  muster  rolls  of  ail  the  officers  and  men  in  his 
district,  to  the  district  or  other  paymaster,  who  will 
be  instructed  to  make  the  regular  payments  by  the 
pavmaster  of  the  army. 

Recruiting  officers  will  receive  money,  clothing, 
Sec.  for  their  recruits,  from  the  commanding  officer 
of  the  district,  for  which  they  will  give  the  proper 
duplicate  receipts,  and  be  held  accountable.  They 
will  transmit  to  him  a  statement  of  their  accounts 
vveeklv,  showing  the  amount  of  money,  clothing, 
&c.  received  and  distributed,  and  the  balance  remain- 
in?-  on  hand  ;  a  duplicate  of  which  they  will  trans* 
md  to  the  War  Department.  They  will  be  held 
responsible  for  the  good  conduct  of  iheir  recruits, 
and  will  transmit  correct  returns  weekly,  to  the 
tammanding  officer  of  the  district  and  to  this  office. 

T)»e  commissary  general  of  purchases  will  cause 
to  be  deposited,  at  the  principal  rendezvous  ill  each 
district,  subject  to  the  orders  of  the  field  officer,  a 
sufficient  quantity  of  clothing,  arms,  accoutrements, 
ammunition,  camp  equipage  and  medicine,  for  the 
number  of  men  to  be  recruited  therein  ;  and  that 
there  shall  at  no  time  be  a  deficiency  of  any  of  these 
articles,  the  field  officer  will  give  due  notice  to  the 
commissary  general  of  the  articles  received,  dehv- 
ercd>  and  on  hand,  and  at  what  time  a  furtlier  sup- 
ply will  be  necessary.  ^ 

When  a  recruiting  officer  shall  send  a  party  ot 
recruits  to  the  principal  rendezvous  he  will  trans- 
mit to  the  commanding  officer  an  exact  statement 
of  each  man's  account,  as  respects  clothing,  sub- 
sistence, bounty  and  pay  ;  and  a  like  statement  must 
accompany  every  man  sent  to  the  regiment,  to  be 
entered  in  the  books  of  the  company  for  which  he 
enlisted. 

Pxccruits  are  to  be  free  from  sore  legs,  scurvy, 
scalled  head,  ruptures,  and  other  infirmities.  The 
age  h  to  be  conformable  to  law,  but  healthy  active 


3 
hoys,  between  fourteen  and  eighteen  years  of  age^ 
nfiay  be  enlisted  for  musicians.  In  a!)  cases  where 
minors  or  apprentices  are  enlisted,  the  consent  in 
writini^  of  the  parent,  guardian,  or  master,  if  any 
such  there  be,  is  to  be  obtained^  and  accompany  the 
enHstment. 

No  objection  is  to  be  made  to  a  recruit  for  want 
of  size,  provided  he  is  strong,  active,  well  made,  and 
healthy. 

As  soon  as  convenient,  and  within  six  days  at 
farthest  from  the  time  of  his  enlistment,  every  re- 
cruit shall  be  brought  before  a  magistrate,  and  take 
and  subscribe  the  oath  required  by  law,  according  to 
the  form  prescribed. 

When  a  recruit  is  rejected,  his  clothing,  if  deliv- 
ered, and  the  bounty  advanced  to  him,  shall  be  re- 
turned, for  which  the  recruiting  officer  will  be  held 
accountable. 

If  any  recruit,  alter  having  received  the  bounty, 
or  a  part  of  it,  shall  abscond,  he  is  to  be  pursued  and 
punished  as  a  deserter. 

Every  officer  engaged  in  the  recruiting  service 
"will  procure  the  necessary  transportation,  forage, 
fuel,  straw,  and  stationary,  taking  care  to  have  his 
accounts  therefor  supported  by  proper  vouchers. 

Recruiting  officers  having  no  enlisted  musicians, 
are  authorized  to  engage  a  drummer  and  fifer,  at  a 
sum  not  exceeding  lifieeiv  dollars  per  month,  and 
one  ration  per  day  each. 

By  order  of  the  Secretary  of  War. 

T.  H.  CUSHING,  Adjutant  General. 

(Duplicate.) 

ADJUTANT  GENERAL'S  OFFICE, 
SIR,  Washington  City,  \5  January,  1813. 

It  has  been  deemed  necessary  to  divide  the 
United  States,  and  the  territories  thereof,  into  re- 
cruiting districts,  under  {be  superintendence  of  field 
officers,  cenlormabiy  to  which  arranjTen^ent,  you  have 
been  appointed  to  supcri^^c^d  the  distiict  composed 
of  that  part  of  the  state  of  New-York  termed  in  the 
recruiting  instructions  the  third,  and  will  take  the 
immediate  direction  of  the  recruiting  service  witlar» 
the  same. 


4 
Enclosecl  I  have  the  honor  to  furnish  you  with  a 
ropy  of  the  articles  of  war,  military  laws  and  rep:ula- 
tions  of  the  War  Department,  twenty  copies  of  re- 
cruiting iristructions,  two  blank  weekly  recruiiini^  re- 
turns, for  districts,  and  twenty  for  recruiting  ofhcers; 
niso  a  copy  of  the  contract  for  the  territory  compre- 
hended within  your  limits. 

The  recruiting  instructions  point  out  the  extent  of 
territory  under  your  superintendence,  the  place  at 
which  you  will  fix  your  principal  rendcizvous,  the 
manner  in  which  all  your  wants  are  to  be  supplied, 
and  your  duties  generally  while  employed  on  this 
sei  vice. 

The  officers  within  your  district  will  be  ordered 
to  report  themselves  to  you,  at  the  principal  rendez- 
vous, without  delay  ;  but  as  far  as  your  knowledge  of 
5>uch  officers  and  their  residence  may  extend,  you 
win  order  them  into  service,  without  waitnig  for 
iheir  report. 

It  is  expected  that  you  will  exercise  the  utmost 
correctness  and  punctuality,  in  making  out  and  trana- 
miitlng  your  statements  and  returns  ;  and  that  you 
will  exact  a  like  observance  of  the  instructions  on  this 
head  from  the  officers  under  your  command ;  thai  you 
will  be  particular  in  forwarding  your  requisitions  for 
whatever  you  may  find  necessary,  in  due  season,  so 
as  never  to  permit  the  recruiting  service  to  be  em- 
barrassed for  want  of  the  necessary  supplies  ;  and  in 
case  it  should  so  happen,  that  after  haviiig  made  such 
requisitions  to  the  proper  depaitm-ent,  there  ahoild 
be  a  failure  in  the  supplies  of  clothing,  camp  equip- 
a?^e,  or  medicine,  you  are  hereby  authorised  to  con- 
tract for,  and  purchase  such  quantity  of  each  of  thcie 
tirticies,  i,s  may  be  found  necessary  tor  immediate 
use  ;  the  expenditures  for  which,  you  will  defray  out 
of  the  contingent  funds  placed  in  your  hands. 

To  each  recruiting  officer,  you  will  furnish  a  ccpy 
of  the  recruitini^  instructions,  the  form  of  enlistment, 
and  a  blank  weekly  recruiting  return  ;  together  with 
such  further  information  as  may  be  necessary  for  his 
j^overnment. 

You  will  leave  the  recruits  with  the  party,  or  col- 
lect them  at  the  principal  rendezvous,  as  you  mciy 
dejL'm  uaost  advantageous  to  ihc  service  ;  the  pariiesi, 


5 

however,  ought  never  to  be  without  a  few  handsome, 
well  dressed  men,  who,  from  their  appearance  and 
activity,  may  be  enabled  to  give  a  spirit  to  the  re- 
cruiting business. 

The  commissary  general  of  purchases,  is  directed 
to  have  deposited  at  the  principal  rendezvous,  suffi- 
cient supplies  of  clothing,  £cc.  for  the  number  of  men 
to  be  raised  in  your  district,  to  wit,  fifty  light  dra- 
goons, one  hundred  artillery,  and  six  hundred  infan- 
try, which  you  will  have  distributed  among  the  dif- 
ferent rendezvous  in  such  manner  as  never  to  per- 
mit them  to  be  in  want,  but  on  the  contrary  that  eve- 
ry recruit  may  be  put  in  complete  uniform  the  mo- 
rjient  he  is  enlisted. 

I  arn  instructed,  by  the  Secretary  of  War,  to  add, 
that  every  officer  employed  on  the  recruiting  service, 
who  shall  neglect  to  make  and  forward  the  returns, 
&c,  required  by  the  recruiting  instructions,  or  fail  to 
use  all  due  in'dustry  in  the  discharge  of  the  duties  as- 
signed him,  will  be  struci?.  from  the  rolls  of  the  army. 

I  am,  Sir,  very  respectfully,  your  obedient  servant, 
T.  H.  GUSHING,  Jdjt.  Genl. 

In  addition  to  the  above  instructions,  which  you 
will  punctually  observe,  it  is  expected  that  you  will 
exercise  the  utmost  correctness  and  punctuality  in 
making  out  and  transmitting  your  statements  and  re- 
turns, not  only  of  recruits,  but  of  all  the  clothing, 
arms,  accoutrements,  and  in  short,  every  thing  that 
you  receive  for  the  use  of  the  recruits  under  your 
command.  And  if  it  shall  so  happen,  that  any  offi- 
cer employed  on  the  recruiting  service,  shall  neglect 
to  make  and  forv/ard  the  returns,  &c.  required  by 
the  recruiting  instructions,  or  fail  to  use  all  due  in- 
dustry in  the  discharge  of  the  duties  assigned  him, 
he  will  be  struck  from  the  rolls  of  the  army. 

It  is  absolutely  necessary  that  you  keep  distinct 
and  separate  accounts  under  the  head  of  Pay  of  the 
Army  and  Bounties  and  Premiums,  the  vouchers  or 
receipts  for  its  application  must  be  kept  separate  and 
distinct. 

You  have  already  a  form  of  a  Receipt  for  bounties 
to  recruits.  The  following  is  a  form  of  a  Receipt  to 
be  taken  from  the  recruit  for  his  advance  of  pay, 
which  must  accompany  every  enlistment : 


6 
Received  of  this        day  of 

1813,  at  in  the  state  of  New- York,  twelve 

dollars  in  advance  on  account  of  my  pay  as  a  soldier 
in  the  United  States  army,  from  the  of 

1813,  the  date  of  my  enlistment.     Signed  duplicateR 

hereof.  

Dolls.TiT         Witness. 


AN  ACT  encreasing  the  Pay  of  the  A^'en- Commis- 
sioned Officers,  Musicians^  Privates  and  others  of 
the  Arjtuj)  and  for  other  Purposes, 
HE  it  enacted  by  the  Senate  and  House  of  Refire- 
sentatives  of  the  United  States  of  America,  i7i  Congress 
assembled,  That  irom  and  after  the  31st  day  of  De- 
cember, 1812,  the  monthly  pay  of  the  non-commis- 
sioned officers,  musicians,  privates,  drivers,  bombard- 
iers, matrosses,  sappers,  miners,  artificers,  saddlers, 
farriers,  and  blacksmiths,  who  have  enlisted,  or  shall 
hereafter  enlist  in  the  service  of  the  United  States, 
shall,  during  the  continuance  of  the  war  between  the 
United  States  of  America  and  their  territories,  and  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  the 
dependencies  thereof,  be  as  follows,  to  wit :  to  each 
sergeant  major  and  quarter  master  sergeant,  twelve 
dollars  ;  to  each  sergeant  and  principal  musician, 
eleven  dollars  ;  to  each  corporal,  ten  dollars ;  to  each 
musician,  nine  dollars;  to  each  private,  driver, bom- 
bardier, matross,  sapper,  and  miner,  eight  dollars ; 
to  each  artificer,  saddler,  farrier,  and  blacksmith, 
not  attached  to  the  quarter  master  general's  and 
ordnance  department,  thirteen  dollars. 

Sec.  2.  And  be  it  further  enacted,  That  during  the 
continuance  of  the  war  with  Great  Britain,  no  non- 
commissioned officer,  musician,  private,  driver,  bom- 
bardier, matross,  sapper,  miner,  artificer,  saddler^ 
farrier,  or  blacksmith,  enlisted  in  the  service  of  the 
United  States,  during  his  continuance  in  service, 
shall  be  arrested  or  subject  to  arrest,  or  to  be  taken 
in  execution  for  any  debt  contracted  before  or  after 
enlistment. 

Sec.  3.  And  be  it  further  eracted,  That  every 
non-commissioned  officer,  musician  and  private,  who 
shall,  alter  the  promulgation  of  this  act,  be  recruited 
in  the  regular  army  of  the  United  States,  may  at  his 


I 


7 
option,  to  be  made  at  the  time  of  enlistment,  engage 
to  serve  during  the  present  war  with  Great  Britain, 
instead  of  the  term  of  five  years,  and  shall  in  case 
he  make  such  option,  be  entitled  to  the  same  bounty 
in  money  and  land,  and  to  all  other  allowances,  and 
be  subject  to  the  same  rules  and  regulations,  as  if 
he  had  enlisted  for  the  terra  of  five  years. 
Approved,  Dec.  12,  1812.       JAMES  MADISON. 

AN   ACT  Hufifilementary   to   the  Act^   entitled  '*  Jn 

Act  for  the  more  perfect  organization  of  thp.  Armij 

of  the  United  States^ 

BE  it  enacted  by  the  Senate  and  House  of  Rep-re- 
^sentatives  of  the  United  States  of  Amerira^  in  Congress 
assembled^  That  the  President  of  the  Uniied  States 
be,  and  he  is  hereby  authorized,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  appoint  one  addi- 
tional major  to  the  first  regiment  of  light  dragoons, 
the  regiment  of  light  artillery,  each  regiment  of  in- 
fantry, and  the  rifle  regiment,  in  the  army  of  the 
United  States,  who  shall  receive  the  like  pay,  rations, 
forage,  and  other  emoluments,  as  oflicers  of  the  same 
grade  and  corps  of  tiie  present  military  establishment. 

Sec.  2.  And  be  it  further  enact ed^  That  there  be 
appointed  in  manner  aforesaid,  one  third  lieutenant, 
to  each  troop  or  company,  in  the  army  of  the  United 
States,  who,  if  of  cavalry,  or  light  dragoons,  shall  re- 
ceive the  monthly  pay  of  thirty  dollars,  and  of  other 
corps,  twenty-three  dollars,  and  be  allowed  the  same 
forage,  rations  and  other  emoluments  as  second  lieu- 
tenants of  the  same  corps  to  which  they  belong. 

Sec.  3.  And  be  it  further  enacted^  That  there  be 
allowed  to  each  troop  or  company,  in  the  army  of  the 
United  States,  one  additional  sergeant,  who  shall  re- 
ceive the  like  pay,  clothing,  rations,  and  other  emol- 
uments, as  sergeants  of  the  present  military  estab- 
lishment. 

Sec.  4.  And  be  it  further  enacted^  That  in  order  to 
con]iplete  the  present  military  establishment  to  the 
full  number  authorized  by  law,  with  the  greatest  pos- 
sible dispatch,  there  shall  be  paid  to  each  effective 
able  bodied  man,  who  shall  be  duly  enlisted  into  the 
service  of  the  United  States,  after  the  first  day  of 
February  next,  to  serve  for  the  term  of  five  years,  or 


8 
during  the  war,  an  advance  of  twenty-four  dollars  on 
account  of  his  pay,  in  addition  to  the  existing  boun- 
ty, one  half  of  such  advance  to  be  paid  at  the  enlist- 
ment of  the  recruit,  and  the  other  half  vi^hen  he  shall 
be  mustered,  and  have  joined  some  military  corps  of 
the  United  States  for  service;  and  a  bounty  of  one 
hundred  and  sixty  acres  of  land,  as  heretofore  estab- 
lished by  law. 

Sec.  5.  And  be  it  further  enacted^  That  the  com- 
missioned officers  who  shall  be  employed  in  the  re- 
cruiting service,  shall  be  entitled  to  receive  for  every 
effective  able  bodied  man,  who  shall  be  duly  enlist- 
ed after  the  first  day  of  February  next,  by  them,  for 
the  term  of  five  years,  or  during  the  war,  and  mus- 
tered, and  between  the  ages  of  eighteen  and  forty- 
five  years,  the  sum  of  four  dollars :  Provided  never- 
theless, That  this  regulation,  so  far  as  respects  the 
age  of  the  recruit,  shall  not  extend  to  musicians,  or 
to  those  soldiers  who  may  re-enlist  into  the  service  : 
And  firovided  also.  That  no  person  under  the  age  of 
twenty-one  years  shall  be  enlisted  by  any  officer,  or 
held  in  the  service  of  the  United  States,  without  the 
consent,  in  writing,  of  his  parent,  guardian  or  mas- 
ter, first  had  and  obtained,  if  any  he  have  ;  and  if  any 
officer  shall  enlist  any  person  contrary  to  the  true  in- 
tent and  m.eaning  of  this  act,  for  every  such  offence 
he  shall  forfeit  and  pay  the  amount  of  the  bounty  and 
clothing  which  the  person  so  recruited  may  have  re- 
ceived from  the  public,  to  be  deducted  out  of  the  pay 
and  emoluments  of  such  officer. 

Sec.  6.  And  be  it  further  enacted.  That  it  shall  be 
lawful  for  any  person,  during  the  time  he  may  be 
performing  a  tour  of  militia  duty,  to  enlist  in  the 
regular  army  of  the  United  States;  and  the  recruit- 
ing officers  are  hereby  authorized  to  enlist  any  such 
person  in  the  same  manner,  and  under  the  same 
regulations,  as  if  he  were  not  performing  such  mili- 
tia duty ;  and  every  person  who  shall  enlist,  v/hile 
performing  a  tour  of  militia  duty  as  aforesaid,  shall 
be  thereby  exonerated  from  serving  the  remainder 
of  said  tour  ;  and  the  state  to  which  he  may  belong 
shall  not  be  required  to  furnish  any  other  person  to^ 
serve  in  his  steucj.  Approved,  January  50,  181, 
JAMES  MADISON. 


y 


Jn  ACT  in  addition  to  the  Act,  entitled  "  An  Act  to  raite 
an  additional  Military  Force"  and  for  other  Purfioses, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  ofRe- 
firesentatives  of  the  United  States  of  America  in  Congress 
assemhled^  That  in  addition  to  the  present  military  estab- 
lishment of  the  United  States,  there  be  raised  such  num- 
ber of  regiments  of  infantry,  not  exceeding  twenty,  as  in 
the  opinion  of  the  President  may  be  necessary  for  the  pub- 
lic service,  to  be  enlisted  for  the  term  of  one  year,  unless 
sooner  discharged. 

Sec.  2.  And  be  it  further  enacted^  That  each  of  the 
said  regiments  shall  consist  of  one  colonel,  one  lieutenant 
colonel,  two  majors,  one  adjutant,  one  pay  master,  one 
quarter  master,  one  surgeon,  two  surgeons*  mates,  one 
sergeant  major,  one  quarter  master  sergeant,  two  princi- 
pal musicians,  and  ten  companies. 

Sec.  3.  And  be  it  further  enacted,  That  each  compa- 
ny shall  consist  of  one  captain,  one  first  lieutenant,  one 
second  lieutenant,  one  third  lieutenant,  one  ensign,  five 
sergeants,  six  corporals,  two  musicians,  and  ninety  pri- 
vates. 

Sec.  4.  And  be  it  further  enactedyThsLt  it  ahsL\\bt\B.w^ 
ful  for  the  President  of  the  United  States  in  the  recess  of 
the  senate  to  appoint  such  of  the  officers  authorized  by  this 
act,  as  may  not  be  appointed  during  the  present  session  ; 
which  appointments  shall  be  submitted  to  the  senate  at 
their  next  session  for  their  advice  and  consent. 

Sec.  5.  yind  be  it  further  enacted.  That  all  the  officers, 
non-commissioned  officers,  musicians  and  privates,  author- 
ized by  this  act,  shall  receive  the  like  pay,  forage,  rations, 
clothing,  and  other  emoluments,  (land  and  bounty  except- 
ed) as  the  officers  of  the  same  grade  and  corps,  non-com- 
missioned officers,  musicians  and  privates,  of  the  present 
military  establishment. 

Sec.  6.  ^nd  be  it  further  enacted.  That  the  officers, 
non-commissioned  officers,  musicians  and  privates,  of  the 
regiments  hereby  authorized  to  be  raised,  shall  be  govern- 
ed by  the  rules  and  articles  of  war,  which  have  been  es- 
tablished by  the  United  States  in  congress  assembled,  or 
by  such  rules  and  articles  as  may  be  hereafter  by  law  es- 
tablished. 

Sec.  7.  And  be  it  further  enacted,  That  the  commis- 
sioned officers,  who  shall  be  employed  in  recruiting  the 
force  authorized  by  this  act,  shall  be  entitled  to  receive, 
for  every  person  enlisted  by  them  into  this  service,  for  the 
term  specified,  and  approved  by  the  commanding  officers 
of  the  regiment,  and  between  the  ages  of  eighteen  and  forty- 
five  years,  the  sum  of  two  dollars.  Provided,  nevertheless^ 
That  this  regulation,  so  far  as  respects  the  age  of  the  re- 
cruit shall  not  extend  to  musicians,  or  to  those  soldiers 


who  may  re-enlist  into  the  service  :  ^nd  firovided  also^ 
That  no  person  under  the  age  of  twenty-one  years  shall  be 
enlisted  by  an  ofllcer,  or  held  in  the  service  of  the  United 
States,  without  the  consent  in  writing  of  his  parent,  guar- 
dian, or  master,  first  had  and  obtahied,  if  any  he  have  ; 
and  if  any  officer  shall  enlist  any  person  contrary  to  the 
true  intent  and  meaning  of  this  act,  for  every  such  oiFence, 
he  shall  forfeit  and  pay  the  amount  of  the  bounty  and  clo- 
thing which  the  person  so  recruited  may  have  received 
from  the  public,  to  be  deducted  out  of  the  pay  and  emolu^ 
xnent  of  such  officer.  • 

Sec.  8.  ^nd  be  it  further  enacted^  That  there  shall  be 
allowed  and  paid  to  each  man  recruited  as  aforesaid,  a 
bounty  of  sixteen  dollars  ;  but  the  payment  of  eight  dol- 
lars of  the  said  bounty  shall  be  deferred  until  he  shall  be 
mustered  and  have  joined  some  military  corps  of  the  Uni- 
ted States. 

Sec.  9.  jind  be  it  further  enacted^  That  the  said  regi- 
ments shall  be  paid  in  such  manner,  that  the  arrears  shall 
at  no  time  exceed  two  months,  unless  the  circumstance  of 
the  case  render  it  unavoidable. 

Sec.  10.  And  be  it  further  enacted^  That  if  any  officer, 
non-commissioned  officer,  musician  or  private,  shall  be  dis- 
abled by  wounds  or  otherwise,  while  in  the  line  of  his  du- 
ty in  public  service,  he  shall  be  placed  on  the  list  of  inva- 
lids of  the  United  States,  at  such  rate  of  pension  and  un-^ 
der  such  regulations  as  are  or  may  be  directed  by  law; 
Provided  always.  That  the  compensation  to  be  allowed  fq 
such  wounds  or  disabilities,  to  a  commissioned  officer,  shai 
not  exceed  for  the  highest  rate  of  disability  half  the  montl^ 
ly  pay  of  such  officer  at  the  time  of  his  being  disabled  o 
wounded  ;  and  that  no  officer  shall  receive  more  thfin  h^ 
pay  of  a  lieutenant  colonel :  and  that  the  rate  of  compea 
sation  to  non-commissioned  officers,  musicians  and  private^ 
shall  not  exceed  five  dollars  per  month.    And /irovide^ 
also.  That  all  inferior  disabilities  shall  entitle  the  persoi 
so  disabled  to  receive  an  allowance  proportionate  to  thf 
highest  dioability.  ,] 

Sec.  11.  And  be  it  further  enacted^  That  if  any  comj 
missioned  officer  shall,  while  in  the  service  of  the  Unite( 
States,  die,  by  reason  of  any  wound  received  in  actual  ser; 
vice  of  the  United  States,  and  leave  a  widow,  a  child  o( 
children,  under  sixteen  years  of  age,  such  widow,  or  if  n< 
widow,  such  child  or  children,  shall  be  entitled  to  anc 
receive  half  the  monthly  pay  to  which  the  deceased  wai 
entitled  at  the  time  of  his  death,  for  and  during  the  tern 
of  five  years  ;  but  in  the  case  of  the  death  or  intermarri 
age  of  such  widow,  before  the  expiration  of  the  said  term 
of  five  years,  the  half  pay  for  the  remainder  of  the  timi 


shall  go  to  the  child  or  children  of  such  deceased  officer. 
Provided  always y  That  such  half  pay  shall  cease  on  the 
decease  of  such  child  or  children. 

Sec.  12.  jind  be  it  further  enacted^  That  if  any  non- 
commissioned officer,  musician  or  private,  shall  desert  from 
the  service  of  the  United  States,  he  shall  in  addition  to  the 
penalties  mentioned  in  the  rules  and  articles  of  war,  be  li- 
able to  serve  for  and  during  such  period  as  shall,  with  the 
time  he  may  have  served  previous  to  his  desertion,  amount 
to  the  full  term  of  his  enlistment  ;  and  such  soldier  shall 
and  may  be  tried  by  a  court  martial  and  punished,  al- 
though the  term  of  his  enlistment  may  have  elapsed  pre- 
vious to  his  being  apprehended  or  tried. 

Sec.  13.  And  be  it  further  eriactedy  That  every  officer, 
non-commissioned  officer,  musician  and  private,  shall  take 
and  subscribe  the  following  oath  or  affirmation,  to  wit :  '*  I, 
^.  B.  do  solemnly  swear  or  affirm  (as  the  case  may  be) 
that  I  will  bear  true  faith  and  allegiance  to  the  United 
States  of  America  ;  and  that  I  will  serve  them  honestly 
and  faithfully  against  their  enemies  or  opposers  whomso- 
ever ;  and  that  I  will  observe  and  obey  the  orders  of  the 
President  of  the  United  States,  and  the  orders  of  the  of- 
ficers appointed  over  me,  according  to  the  rules  and  arr 
tides  of  war." 

Sec.  14.  And  be  it  further  enactedy  That  where  any 
commissioned  officer  shall  be  obliged  to  incur  any  extra 
expense,  in  travelling  and  sitting  on  general  courts  mar- 
tial, he  shall  be  allowed  a  reasonable  compensation  for 
such  extra  expense  actually  incurred,  not  exceeding  one 
dollar  and  twenty-five  cents  per  day  to  officers  who  are 
not  entitled  to  forage,  and  not  exceeding  one  dollar  per 
day  to  such  as  shall  be  entitled  to  forage. 

Sec.  15.  And  be  it  further  enactedy  That  whenever  any 
officer  or  soldier  shall  be  discharged  from  the  service,  ex- 
cept by  way  of  punishment  for  any  offence,  he  shall  be  al- 
lowed his  pay  and  rations,  or  an  equivalent  in  money,  for 
such  term  of  time  as  shall  be  sufficient  for  him  to  travel 
from  the  place  of  discharge  to  the  place  of  his  residence, 
computing  at  the  rate  of  twenty  miles  to  a  day. 

Sec.  16.  And  be  it  further  enactedy  That  there  shall 
be  appointed  to  each  brigade  one  chaplain,  who  shall  be 
entitled  to  the  same  pay  and  emoluments  as  a  major  in 
the  infantry. 

Sec.  17.  And  be  it  further  enactedy  That  no  field  or 
staff  officer,  who  may  be  appointed  by  virtue  of  this  acr, 
shall  be  entitled  to  receive  any  pay  or  emoluments  until 
he  shall  be  called  into  actual  service,  nor  for  any  longer 
time  than  he  shall  continue  therein. 

Sec.  18.  And  bs  it  further  enacted^  That  the  act,  enti- 


4 

tied  "  An  Act  authorizing  the  President  'of  the  Unit 
States  to  accept  and  organize  certain  volunteer  militar 
corps,"  and  the  act  supplementary  to  the  act  entitled,  "  A 
act  authorizing  the  President  of  the  United  States  to  acce 
and  organize  certain  volunteer  military  corps,"  be,  and  th 
same  are  hereby  repealed,  from  and  after  the  hrst  day  i 
February  next ;  Provided^  That  nothing  herein  contains 
shall  be  so  construed  as  to  deprive  the  officers  and  men  \vl 
may  have  entered  the  service  as  volunteers,  under  tl 
said  acts,  of  any  rights,  immunities,  or  privileges  there 
secured,  or  the  United  States  of  the  services  of  such  volm 
teers,  agreeably  to  the  provisions  of  the  said  acts. 

II.  CLAY. 

Speaker  of  the  House  of  Hefiresentative^ 

Wm.  H.  CRAWFORD, 

President  of  the  Senate  Jiro  tem/ion 
Januaiy  29,  1813. 

Approved,  JAMES  MADISON. 

»4n  ACT  making  Provision  for  an  additional  Kiimhcr 
General  Officers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  lieji- 
resentatives  of  the  United  States  of  America  in  Congress 
assembled^  That  the  president  be,  and  he  is  hereby  au- 
thorised by  and  with  the  advice  and  consent  of  the  senate, 
to  appoint  six  major  generals,  in  addition  to  those  already 
authorised  by  law  ;  each  of  whom  shall  be  allowed  two 
aids  de  camp  to  be  taken  from  the  officers  of  the  line,  and 
six  brigadier  generals,  who  shall  be  allowed  a  brigade 
major,  and  one  aid  de  camp,  each  to  be  taken  also  fnMn 
the  officers  of  the  line. 

Sec.  2.  And  be  it  further  enacted.  That  the  officer! 
authorised  by  this  act  shall  receive  the  same  pay,  forage 
rations,  and  other  emoluments,  as  the  officers  of  the  saini 
§rade  of  the  present  military  establishment. 

H.  CLAY, 
Speaker  of  the  House  of  Refiresentativ^ 

VVm.  H.  CRAWFORD 

President  of  the  Senate^  pro.  tenipoiy 
February  24, 1813. 

Approved,  JAMES  MADISON. 


jln  ACT  to  raise  Ten  additional  Companie*  of  RangeA 

Be  it  enacted  by  the  Senate  and  House  of  BepreseH 
tatives  of  the  United  States  of  America  in  Cotigrcs 
a*sembled.  That  the  President  of  the  United  States  b( 
and  he  is  hereby  authoriaed,  to  raise  ten  additional  coa 


panics  of  rangers,  on  the  same  provisions,  conditions  and 
restrictions  as  tliose  authorised  to  be  raised  by  *'  An  act 
authorising  the  President  of  the  United  States  to  raise 
certain  companies  of  rangers  for  the  protection  of  the 
frontiers  of  the  United  States,"  which  said  companies 
shall  be  in  lieu  of  one  of  the  regiments  authorised  to  be 
raised  by  the  act  in  addition  to  the  act,  entitled  '*  An  act 
ro  raise  an  additional  military  force,  and  for  other  purpo- 
ses," passed  the  twenty-ninth  day  of  January,  one  tiiou- 
sand  eight  hundred  and  thirteen. 

H.CLAY. 

Sfieaker  of  the  House  of  R'efireaentatives* 
Wm.  H.  CRAWFORD, 
President  of  the  Senate ^  firo    temfiore, 
February  25, 1813. 

Approved,  JAMES  MADISON. 


jin  ACT  Sufiplementary   to   the  Act,  entitled  "  An  Act 
to  firovide  for  calling  forth  the  Militia  to  execute  the 
Lawsy  sufifiress  Insurrections,   and  refiel  Invasions,** 
and  to  refieal  the  Act  now  in  force  for  these  Pur/ioses, 
and  to  increase  the  Pay  of  Volunteer  and  Militia  Corfis. 
Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Refi* 
resentatives  of  the  United    States  of  America  in    Con- 
gress assembled.  That  in  every  case  in  which  a  court 
martial  shall  have  adjudged  and  determined  a  fine  against 
any  officer,  non-commissioned  officer  musician,  or  private, 
of  the  militia,  for  any^of  the  causes  specified  in  the  act  to 
which  this  act  is  a  supplement,  or  in  the  fourth  section  of 
an  act,  entitled,  *'  An  act  to  authorize  a  detachment  from 
the  militia  of  the  United  States  ;"  all  such  fines  so  assess- 
ed shall  be  certified  to  the  comptroller  of  the   treasury 
of  the  United  States,  in  the  same  manner  as  the  act  to 
which  this  is  a  supplement  directed  the  same  to  be  certi- 
fied to  the  supervisor  of  the  revenue. 

Sec.  2.  And  be  it  further  enacted.  That  the  marshals 
shall  pay  all  fines  which  have  been  levied  and  collected  by 
them  or  their  respective  deputies,  under  the  authorities 
of  the  acts  herein  referred  to,  into  the  treasury  of  the  U. 
States,  within  two  months  after  they  shall  have  received 
the  same,  deducting  five  per  centum  for  their  own  trou- 
ble ;  and  in  case  of  failure,  it  shall  be  the  duty  of  the  comp- 
troller of  the  treasury  to  give  notice  to  the  district  attor- 
ney of  the  United  States,  who  shall  proceed  against  the 
said  marshal  in  the  district  court  by  attachment  for  re* 
covery  of  the  same. 

Sec.  3.  And  be  it  further  enacted.  That  the  commis- 
sioned -officers,  musicians  and  privates  of  the  volunteer 


and  militia  corps,  who,  subsequent  to  the  thirty-first  day 
of  December,  eighteen  hundred  and  twelve,  shall  have 
been  or  may  hereafter  be  called  out,  while  in  the  service 
of  the  United,  States,  shall,  during  the  continuance  of  the 
present  war  between  the  United  Kingdom  of  Great  Bri- 
tain and  Ireland  and  the  dependencies  thereof  and  the 
United  States  of  America,  and  their  territories,  be  enti- 
tled to  and  receive  the  same  monthly  pay,  rations  and 
forage,  and  be  furnished  with  the  same  camp  equipage 
as  are  or  may  be  provided  by  law  for  the  non-commission- 
ed officers,  musicians  and  privates,  of  the  army  of  the  Uni- 
ted States.  H.  CLAY, 

Speaker  of  the  House  of  Refiresentatives. 
Wm.  H.  CRAWFORD. 
President  of  the  Senate,  firo  tempore. 
February  2,  1813. 
Approved,  JAMES  MADISON. 


An  ACT  for   the  better    Organization    of  the  General 
Staff  of  the  Jirmy  of  the  United  States. 

Sec.  1.  Be  it   enacted  by   the    Senate  and    House   of 
Refiresentatives  of  the  United  States  of  America  in  Con- 
gress assembled.   That  the  adjutant  general's,  inspector, 
general's  and  quarter  master  general's  departments  shall^ 
consist  of  the  following  officers,  that  is  to  say  :  an  adjutant" 
and  inspector  general  with  the  rank,  pay  and  emoluments 
of  a  brigadier  general,  and  not  exceeding  eight  adjutants 
general,  sixteen  assistant  adjutants  general,  eight  topo- 
graphical engineers,  eight  assistant  topographical  engi- 
neers, eight  inspectors  general,  sixteen  assistant  inspectors 
general,   eight   quarter   masters   general,   eight  deputy 
quarter  masters  general,  and  thirty-two  assistant  deputy- 
quarter  masters  general. 

Sec.  2.  And  be  it  further  enacted.  That  the  president 
of  the  United  States  be  and  he  is  hereby  authorised,  if  he 
shall  deem  it  expedient,  to  assign  one  of  the  brigadiers 
general  to  the  principal  army  of  the  United  States  who 
shall  in  such  case  act  as  adjutant  and  inspector  general, 
and  as  chief  of  the  staff*  of  such  army  :  and  the  quarter 
master  general  attached  to  the  principal  army  shall  as 
heretofore  have  the  brevet  rank  and  the  pay  and  emolu- 
ments of  a  brigadier  general. 

Sec.  3.  And  be  it  further  enacted.  That  all  the  other 
adjutants  general  shall  have  the  brevet  rank  and  the  pa/ 
and  emoluments  of  a  colonel  of  cavalry  ;  all  the  other 
inspectors  general  and  quarter  masters  general  shall  have 
the  brevet  rank  and  the  pay  and  emoluments  of  a  colonel 
of  infantry  ;  the  assistant  adjutants  general,  assistant  in- 


spectors  general,  deputy  quarter  masters  general  and 
topographical  engineers  shall  have  the  brevet  rank  and 
the  pay  and  emoluments  of  a  major  of  cavalry  ;  and  the 
assistant  topographical  engineers,  and  assistant  deputy 
quarter  masters  general  shall  have  the  brevet  rank  and 
the  pay  and  emoluments  of  a  captain  of  infantry. 

Sec.  4.  jlnd  be  it  further  enactedy  That  the  assistant 
adjutants  general,  the  assistant  inspectors  general,  and  the 
assistant  topographical  engineers  shall  be  taken  from  the 
line.  The  adjutants  general,  inspectors  general,  quarter 
masters  general,  deputy  quarter  masters  general,  topo- 
graphical engineers  and  assistant  deputy  quarter  masters 
general  may  be  taken  from  the  line  or  not  as  the  presi- 
dent may  deem  expedient.  And  officers  taken  from  the 
line  and  transferred  to  the  staff  shall  receive  only  the  pay 
and  emoluments  attached  to  the  rank  in  the  staff;  but 
their  transfer  shall  be  without  prejudice  to  their  rank  and 
promotion  in  the  line  according  to  their  said  rank  and 
seniority ;  which  promotion  shall  take  place  according  to 
usage  in  the  same  manner  as  if  they  had  not  been  thus 
transferred. 

Spc.  5.  And  be  it  further  enactedyT^idX  it  shall  be  the  du- 
ty of  the  secretary  of  the  war  department,  and  he  is  hereby 
authorised  to  prepare  general  regulations  better  defining 
and  prescribing  the  respective  duties  and  powers  of  the 
several  officers  in  the  adjutant  general,  inspector  general, 
quarter  master  general  and  commissary  of  ordnance  de- 
partments, of  the  topographical  engineers,  of  the  aids  of 
generals,  and  generally  c>f  the  general  and  regimental 
staff :  which  regulations  when  approved  by  the  president 
of  the  United  States  shall  be  respected  and  obeyed  until 
altered  or  revoked  by  the  same  authority.  And  the  said 
general  regulations  thus  approved,  shall  be  laid  before 
congress  at  their  next  session. 

Sec.  6.  jlnd  be  it  further  enacted.  That  the  number 
of  assistant  deputy  commissaries  of  ordnance  shall  not  ex- 
ceed sixteen,  and  that  they  shall  respectively  be  entitled  to 
the  brevet  rank  and  to  the  pay  and  emoluments  of  a  first 
lieutenant  of  infantry. 

Sec.  T.  jind  be  it  further  enact ed.  That  for  the  better 
superintendence  and  management  of  the  hospital  and 
medical  establishments  of  the  army  of  the  United  States, 
there  shall  be  a  physician  and  surgeon  general,  with  an 
annual  salary  of  two  thousand  five  liundred  dollars,  and 
an  apothecary  general,  with  an  annual  salary  of  eighteen 
hundred  dollars  ;  whose  respective  duties  and  powers 
shall  be  prescribed  by  the  president  of  the  United  States, 

Sec.  8.  Jnd  be  it  further  enactedy  That  the  forage, 
waggon,  and  barrack  masters  shall  be  appointed  as  here-* 


tofore ;  but  each  quarter  master  general  attached  to  an] 
separate  army,  command  or  district  shall  be  authorise^ 
•with  the  approbation  and  under  the  direction  of  the  secre 
tary  of  the  war  department,  to  appoint  as  many  such  of 
ficers  and  to  employ  as  many  artificers,  mechanics  an< 
laborers,  as  the  public  service  may  require. 

Sec.  9.  And  be  it  further  enacted^  That  the  assistan 
deputy  quarter  masters  general  may  be  appointed,  an< 
officers  taken  from  the  line,  and  transferred  to  the  stafl 
may  be  thus  transferred  by  the  President  of  the  Unites 
States  alone.  But  all  other  new  appointments  authorise! 
by  this  act  shall  be  made  by  the  President  of  the  Unites 
States,  with  the  advice  and  consent  of  the  senate  :  Pro 
videdj  That  during  the  recess  of  the  senate  such  ap 
pointments  may  be  made  by  the  President  alone,  in  whici 
case  the  same  shall  be  laid  before  the  senate  at  their  ncx 
session  for  their  advice  and  consent. 

Sec.  10.  And  be  it  further  enacted^  That  every  act,  an 
every  part  of  any  act  of  congress  now  in  force,  within  th? 
purview  and  meaning  of  this  act,  be  and  the  same  are 
hereby  repealed. 

Sec!  1 1.  And  be  it  further  enacted^  That  all  letters  and 
packets  to  and  from  the  adjutant  and  inspector  general, 
adjutants  general,  inspectors  general,  quarter  masters 
general,  commissary  general  of  ordnance,  physician  and 
surgeon  general  and  apothecary  general,  which  relate  to 
their  official  duties,  shall  be  free  from  postage. 

Sec.  12.  And  be  it  further  enacted.  That  the  President 
of  the  United  States  be  and  he  is  hereby  authorised  to 
appoint  any  of  the  officers  authorised  by  an  act,  entitled 
*'  An  act  making  provision  for  an  additional  number  of 
general  officers,"  passed  the  twenty-fifth  day  of  February, 
one  thousand  eight  hundred  and  thirteen,  during  the  re- 
cess of  the  senate,  to  be  submitted  to  the  senate  at  their 
next  session  for  their  advice  and  consent ;  and  that  nc 
officer  appointed,  or  who  may  be  appointed,  by  virtue  of 
the  aforesaid  act,  shall  be  entitled  to  receive  any  pay  or 
emolument,  until  he  shall  be  called  into  actual  servica 
nor  for  any  longer  time  than  he  shall  be  continued  therei^ 
H.  CLAY, 
Sfieaker  of  the  House  of  Refiresentative\ 
Wm.  H.  CRAWFORD, 
President  of  the  Senate  pro  temfioi 

March  3,  1813. 
Approved,  JAMES  MADISON. 


^ 


^A 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 

Renewed  books  are  subject  to  immediate  recall. 


de: 


^ 


RECEIVED 


nFr.20'RR-8AM 


LOAN  DC<->  r. 


LD  2lA-60m-3,'65 
(P2336sl0)476B 


General  Library 

University  of  California 

Berkeley 


RETURN  TO  the  circulation  desk  of  any 
University  of  California  Library 
or  to  the 
NORTHERN  REGIONAL  LIBRARY  FACILITY 
BIdg.  400,  Richmond  Field  Station 
University  of  California 
Richmond,  CA  94804-4698 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

•  2-month  loans  may  be  renewed  by  calling 
(510)642-6753 

•  1-year  loans  may  be  recharged  by  bringing 
books  to  NRLF 

•  Renewals  and  recharges  may  be  made  4 
days  prior  to  due  date, 

DUE  AS  STAMPED  BELOW 


FEB  0  2  mi 


12,000(11/95) 


